KELUNI DEI Vs. KANHEI SAHU

JUDGEMENT

(1.) THIS is a plaintiff's appeal against the confirming decision of the First Additional Subordinate Judge, Cuttack.

(2.) THE plaintiff sued for her own title and for a declaration that the defendants 1 to 4 had not acquired any title by virtue of their sale deeds. She also wanted affirmation of her possession and permanent injunction restraining the defen-dants from interfering with her right and possession.

(3.) THE three items of legal necessity were indicated in the original sale deed. Ext.C. THEy were: (i) Repayment of creditor's dues. (ii) Repayment of loan made for the obsequies of the minor's father; and (iii) To incur the marriage expenses of the minor. THE sale deed was for Rs.1,000/-. D.W.3 is the creditor of Netrananda deceased father of the plaintiff. It is stated that Netrananda owed Rs.300/- to him. THE defendant no.5 has been examined in this case as D.W.4 and the defendant no.1 has been examined as D.W 6. THEre is absolutely no evidence as to what was the marriage expenses. On the other hand, several witnesses for the defendants have admitted that no relation either on the husband's side or the wife's side attended the marriage. THE plaintiff was given in marriage as a Tolakanya. On the plaintiffs side the evidence was that the entire expense of the marriage was incurred by the husband D.W.7, the barber stated: