GANGADHAR CHARAN NAGA GOSWAMI Vs. SM SARASWATI BEWA

JUDGEMENT

(1.) This is an appeal by defendants 1. to 3 against a decision dated 11-4-1960 of Sri U. N. Misra, Subordinate Judge of Balasore, confirming the judgment of Sri K. P. Mohapatra, Munsif of Balasore.

(2.) Sambhu died sometime in the year 1941 leaving his widow Saraswati Bewa (plaintiff) and hig son Madhu. Madhu died sometime in .1952 leading his widow Sukuri (defendant No- 4). Sukur sold a part of the suit land under Ext. A on 2312-52 for a consideration of "Rs. 500/- in favour of defendant 1 comprising an area of 1.27 acres. On the same day she also sold under Ext B A O. 31 decimals of land to defendants 2 and 3 for a consideration of Rs. 100/- The plaintiff has filed the present suit for declaration that the sale deeds executed by defendant 4 in favour of defendants Nos. .1 to 3 are fradulent, collusive and without any legal necessity, and the defendants 1 to 3 have acquired no right, title or interest in the suit-lands. She-has further claimed for recovery of possession and also for mesne profits; her alternative claim was a charge for her maintenance at the rate of Rs. 15/- per month, which however was abandoned at the trial stage. She further alleged that defendant 4 having remarried one Kartic Mohanty (P. W. 2) was civilly dead in Madhu's family.

(3.) Defendants 1. to 3 contested the suit on the ground that defendant 4 never remarried Kartic, and the alienations were for legal necessity and full consideration hiad passed, under them and they are in their possession. Defendant no. 4 was a minor and was represented by a pleader guardian, but in course of the suit she attained majority and filed her written statement contending that the sales were for legal necessity and consideration, that is, to meet the funeral expenses of her husband Madhu and for her own maintenance and she had delivered possession of the suit property to defendants 1 to 3. She however denied her remarriage with Kartic.