Court : Orissa
Decided on : Sep-12-1966
Reported in : AIR1967Ori70; 33(1967)CLT944
R.K. Das, J. 1. This is an appeal by defendants 1, 2 and 3 against the affirming judgment of the Additional Subordinate Judge. Puri arising out of a suit for partition.2. Bharat had two sons. Parikhit (defendant 1) and Chakra the husband of the plaintiff Kaviraj and Gopal defendants 2 and 3 respectively are sons of Parikhit Defendants 4 and 5 are purchasers from Parikhit in respect of Kha schedule properties: Plaintiff who is governed by the Mitakhara School of Hindu Law, has filed the suit for partition of schedule Ka property claiming an allotment of eight Annas' share out of the same She further prayed for a declaration that the registered sale-deeds executed by defendant 1 on 2-1-1958 in favour of defendants 4 and 5 in respect of Kha Sch. properties and the sale-deed dated 2-12-55 executed by defendant 1 in favour of his two sons, defendants 2 and 3 in respect of Sch. Ga properties are not binding upon her, as they are not for consideration and legal necessity.3. The specific case ...
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