CHANDRASEKHAR PRAHARAJ Vs. PITAMBARI DIBYA

JUDGEMENT

(1.) THE litigation giving rise to this appeal relates to two items of house property situated in the Bhasha Kosha Lane of Cuttack town, and to some movables. Plaintiff No. 1 is the son of the late Rai Bahadur Gopal Chandra Praharaj (hereinafter referred to as Praharaj) the compiler of the Purna Chandra Bhasha Kosha and a leading lawyer of the Cuttack Bar. Plaintiff No. 1 and his two sons plaintiffs Nos. 2 and 3, have jointly sued for a declaration of their title to, and for the recovery of possession of, the houses described in schedules A and B attached to the plaint. These houses constitute one contiguous block and lie within one compound. Schedule C gives a list of the movables belonging to Praharaj and left by him at the time of his death, in the disputed house and are now in the possession of the defendant. The defendant, Pitambari, is the younger sister of plaintiff No. 1's mother, Muktamani and she was living with Praharaj (father of the first plff.) in his house, it is alleged, as his mistress, from the year 1930 till 1945, when he died of poisoning. The defendant claims title to the house described in schedule A on the strength of a sale deed executed by Praharaj on 29th Feb., 1936 for Rs. 15,500/ -/ - and to the properties in schedule B, by a sale deed executed by him on 17 -2 -42 for Rs. 3800/ -/ - The present suit was instituted two and half months after the death of Praharaj, in which the plaintiffs claimed the disputed properties as survivors of the deceased.

(2.) THE plaintiffs specific case is that the suit houses were the joint family properties of the plaintiffs and that the sale deeds are absolutely devoid of consideration. In paragraph 4 of the plaint it is alleged that the property described in schedule A was acquired in 1904with the aid of joint family funds, in the name of Praharaj who was then a prominent, as well as the managing, member of the family.

(3.) ON these pleadings the learned Subordinate Judge who tried the suit in the first instance framed seven issues. But the principal issues on which the decision of the dispute will depend are. : (i) Issue No. 2 : 'Were the disputed properties the self -acquired properties of Rai Bahadur Gopal Chandra Praharaj' and (ii) Issue No 3 : 'Are the kabalas in favour of the defendant valid and for consideration?'