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29.7.2025.
Sashikanta Mishra,J. This is a plaintiff’s appeal against a
reversing judgment. The suit filed by the plaintiff for
declaration of his right, title, interest over the suit land
with alternative prayer for partition being decreed was
reversed in appeal.
2. For convenience, the parties are referred to as per
their respective status in the trial Court.
3. The case of the plaintiff is that the suit land was
originally jointly recorded in the names of three brothers
namely, Bhagaban Behera, Nrusingha Behera and
Banchhanidhi Behera, sons of Sadei Behera. Banchhanidhi
died issueless leaving behind his widow Uma. Bhagaban
died in the year 1950 leaving behind his widow Saria
(Defendant No.2) and son Kartika (Defendant No.1). Prior
to their deaths, Banchhanidhi and Bhagaban and the
entire family was residing jointly with Nrusingha, being the
eldest male member of their family was managing the
family affairs. After their deaths, their shares devolved
upon Defendant No.1 and Nrusingha, who is the
predecessor of Defendant Nos.3 to 7. After death of
Banchhanidhi, his widow Uma, who was young, went back
to her parental house and married someone. In the year
1966, Nrusingha sold the suit land to the father of
Defendant No.8 namely, Kusha Khillar vide R.S.D. No.3637
dtd.20.4.1966 for due consideration and delivered
possession. Nrusingha had sold the property for family
maintenance and to meet the education expenses of
Kartika, who was then a minor. Kartika was represented
through his mother guardian Defendant No.2. Kusha
mutated the suit property in his name. He died leaving
behind Defendant No.8 as his only son. In 1991, Defendant
No.8 sold the suit property to the Plaintiff through R.S.D.
No.293 dated 18.1.1991 for consideration of Rs.13,000/-
and delivered possession. It is the further case of the
plaintiff that Defendant Nos.1 to 7 were initially interested
to purchase the suit land from Defendant No.8, but as they
did not agree to pay proper consideration money,
Defendant No.8 sold the same to the plaintiff for which
they bore grudge against him and disturbed his peaceful
possession on 01.11.1991. Hence, the suit.
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