JATANI DEI Vs. UDAYANATH BEHERA

JUDGEMENT

(1.) This second appeal is directed against the appellate decree passed by the Subordinate Judge, Bhubaneswar dismissing the plaintiff's suit under Section 4, Partition Act, reversing the decree granted by the Munsif, Bhubaneswar.

(2.) Raghunath Jena, the original owner, died 16 or 17 years back leaving behind Bela (defendant 2), the widow and Jatani (plaintiff) and Ratani (defendant 3), the daughters. The plaintiff married one Kulamani and Kulamani and the plaintiff lived with Bela in the residential house left behind by Raghunath. It is alleged that on 19-8-1975 under a registered sale deed the widow sold the residential house to defendant 1. The sale deed is assailed as nominal and fraudulent. It has further been asserted that defendant 1 being a stranger, the plaintiff was entitled to get the property reconveyed under Section 4 Partition Act. The cause of action for the suit is alleged to be the threats of defendant 1 to dispossess the plaintiff.

(3.) Defendants 2 and 3 supported the plaintiff. The plea of defendant 1 is that Raghunath died 40 years back leaving behind the widow as the only heir and for legal necessity, the widow sold the property on receipt of the consideration under the registered sale deed, Ext. A.