Orissa Court June 1968 Judgments

Pakula Majhi and ors. Vs. Subhadra Bhotruni

Court: Orissa

Reported in: AIR1969Ori3; 34(1968)CLT1021

Patra, J. 1. The short point that arises for consideration in this appeal is whether a father's brother's daughter is a Bandhu entitled to succeed under Mitakshara Law as administered in the district of Kora-put which once formed a part of the Madras Presidency. Guru Majhi, father of the respondent Subhadra and the father of the propositus Mangala were two brothers. Guru Majhi died long ago leaving behind him his daughter Subhadra as the only heir. Mangala died some time in 1954 leaving behind him no other relation excepting the respondent Subhadra. In this case Subhadra claims to succeed, to the properties of Mangala as his sole surviving heir against the appellants who claim the properties under a deed of gift from Mangala. The trial Court and the first appellate court have disbelieved the story of the alleged gift in favour of the defendants and decreed the plaintiff's suit. In second appeal, the main contention advanced on behalf of the appellants was that the plaintiff-respondent ...