LAWS(ORI)-2001-6-6

NARADA MAHARANA Vs. PRAMILA KUMARI DEI

Decided On June 22, 2001
NARADA MAHARANA Appellant
V/S
PRAMILA KUMARI DEI Respondents

JUDGEMENT

(1.) The plaintiff is the appellant against the confirming judgment of the Courts below dismissing the suit for declaration.

(2.) The plaintiff-appellant filed a suit for declaration that the sale deed executed by Dharamu Maharana in favour of Biki Dei, daughter of Champa, through her first husband, is invalid in law and for a partition of his half share therein. It was claimed that the suit property is the joint family property of both the branches, Gatei Maharana and Nitei Maharana. The learned trial Court held that the suit property is the exclusive property of Nitei's branch wherein the plaintiff has no right, title or interest and accordingly, dismissed the plaintiff's suit.

(3.) The plaintiff carried the appeal to the first appellate Court. During pendency of the appeal before the first appellate Court, the appellant filed an application under Order 41 Rule 27 C.P.C. to admit into evidence two documents namely (a) a deed of family settlement of the year 1940 between Dharamu under whom the defendant claimed title, on the strength of the registered sale deed (Ext. C) and Parikhita, father of the plaintiff wherein the share of both were recorded; (b) record of rights in respect of some of the properties recording it as service tenure land "Desha Hata Badhei Jagiri" under lot Nos. 4 and 5, which was claimed to have been purchased by registered sale deed (Ext. C). The application for additional evidence was rejected and the appeal was dismissed by the appellate Court. The Second Appeal is against the aforesaid judgments.