GURU CHARAN BEHARA Vs. ADIKANDA BEHARA

JUDGEMENT

(1.) THIS is a second appeal by the plaintiffs from the concurrent decision dated 5-866 of Sri D. Hota, Subordinate Judge. . Kendranara. passed in Title Appeal No. 73 of 1966/172 of 1965 by which the suit has been dismissed.

(2.) PLAINTIFFS brought the suit for setting aside the sale-deed dated 7-4-61 executed by defendant 6 in favour of defendant 1. and for declaration that neither defendant-1. nor the original defendant-6 had, nor the present defendants 6 to 8 have any right, title or interest over any part of the suit-land, and also for declaration that plaintiffs have title and possession over the suit-land -and for permanent iniunction restraining defendants 1 to 5 from disturbing their possession over the same.

(3.) PLAINTIFFS 1 to 3 had a brother, named Durga Charan. Plaintiff-4 is their mother. Durga Charan died unmarried in a state of iointness with them. Before, his death, he had been betrothed to defendant No. 6. His marriage with defendant No. 6 could not take place on account of his death. Defendant-6 remained unmarried as nobodv else was willing to marry her as she had acquired an evil reputation on account of the death of Durga Charan to whom she had been betrothed. There was no partition between deceased Durga Charan and his three surviving brothers, plaintiffs 1 to 3. The interest of Durga Charan. therefore, passed to these three plaintiffs by survivorship. Defendant-1, with the assistance of some agnates of the plaintiffs who were on litigating terms with them, set up defendant-6 as the widow of late Durea Charan. and obtained the impugned sale-deed (Ext. B ). It is alleged by the plaintiffs that the said sale was not for consideration and defendant-1, the vendee, did not take delivery of possession of the property purchased by him. The further allegation of the plaintiffs is that even if the sale is held to be valid and for consideration, defendant-6 has sold lands in excess of the share she would be entitled to as the widow of Durea Charan.