KARUNAKAR PANDA Vs. DURGABATI BEWA

JUDGEMENT

(1.) The Second Appeal is by the plaintiff against a decree of affirmance.

(2.) The plaintiff claimed to be a re-versioner along with defendants 7, 8 and 9 to the estate of one Khetrabasi Panda, who died in 1918. He brought the suit for setting aside a sale deed executed by Udia Dibya, the widow of late Khetrabasi Panda in favour of the ancestors of defendants 1 to 6 in respect of the suit lands. He also prayed for recovery of possession of the same and for mesne profits.

(3.) The plaintiffs case was that Laxman, Gadadhar and Chakradhar, the three sons of Kanhei Panda separated in mess and estate and accordingly the the family properties were separately recorded in their names in the settlement record of rights published in the year 1915. Out of 3.01 acres of land each of the three sons of Kanhei got 1/3 share. Khetrabasi was in possession of 1.01 acre of land which had fallen to the share of his grandfather Laxman. He died issueless in the year 1918 leaving behind him his widow Udia Dibya. She was all along in possession of the properties left by her deceased husband and in the year 1951 she transferred 84f decimals of land to Hari Sahu, the husband of defendant No. l and father of defendants 2 to 4 and Pahali Sahau, the father of defendants 5 and 6 and since then the transferees remained in possession of the lands. The plaintiff's contention was that the transferees fraudulently obtained the sale deed from Udia Dibya without payment of consideration and that there was no legal necessity for the sale. Upon these allegations, the plaintiff filed the suit on 13-2-1967 for the aforesaid reliefs.