Orissa Court February 1967 Judgments

Banshidhar Behera and ors. Vs. Bhani Dei and ors.

Court: Orissa

Reported in: AIR1967Ori187; 33(1967)CLT672

Misra, J. 1. Luxman Behera and Bida Behera were brothers. Luxman died in about 1910 leaving behind four daughters--Ani (defendant-2), Bhani (Plaintiff), Jatri (defendant-3) and Gura (who died long ago). The entire disputed land consists of about 17 acres and is described in Schedule Ka of the plaint. Schedule Kha is 2.69 acres and is a part of Schedule Ka. Schedule Ga constitutes a part of Schedule Kha. Plaintiff's suit was for partition of Ka schedule property amongst the sisters in three equal shares excluding Kha schedule property, for declaration of title to Kha schedule property, for confirmation of possession of the Ga schedule property and for recovery of possession of Ka schedule property excluding Ga schedule. Defendant-1 if the natural born sou of Bida Behera. Defendants 1(ka) to 1(gha) are the sons of defendant-1.Plaintiffs case is that at the time of death of Luxman, she and her sisters were minon and the suit properties were looked after by Bida Behera who performed the ma...