CHANDHALA BEWA Vs. MADHAB PANDA

JUDGEMENT

(1.) THIS is a plaintiff's second appeal against the reversing judgment of the lower appellate Court arising out of a suit for declaration of title and for confirmation of possession, or, in the alternative, for recovery of possession. The plaintiff who is an old and illiterate widow impugns the two transactions Exs. A and C dated 31-5-45 and 14-8-45 respectively on the ground that she was never aware of the execution of the documents and she did never convey the properties which were the subject matter of these two documents in favour of the vendees. The defendants are the vendees and also subsequent transferees from the Vendees, Ex. A is in respect of an area 1.311 which purports to be for a consideration of Rs. 300/- and Ex. C in respect of homestead with an area of .041 which purports to be for a consideration of Rs. 100/-. The defence is that the transactions are bona fide and for consideration and that that suit is hit by the provisions of Article 91 of the Limitation Act and as such is liable to be dismissed on the ground of limitation.

(2.) THE trial Court gave a conditional decree in favour of the plaintiff that she would be entitled to got possession of the properties in dispute only on payment of Rs. 400/- to defendants 1 and 2. THE lower appellate Court however, has dismissed the plaintiff's suit and allowed the appeal brought by defendants 3 and 4 mainly on the ground of limitation finding that the suit is governed by the provisions of Article 91 of the Limitation Act.