SARALA BALA DEI Vs. BANAMALI SAHU

JUDGEMENT

(1.) THE unsuccessful plaintiff in the Courts below is the appellant. The suit out of which this appeal arises was filed by the plaintiff for declaration of title and for setting aside a certain kabala made in favour of defendant No. 1 and other incidental reliefs. The subject-matter to which this second appeal is confined is item No. 6 of the suit properties.

(2.) A geneological table showing the relationship of the parties other than the stranger purchasers is set out as follows : jaga HARI SAHU=champa tara Mani Dei Gokhei Krishna Rukmani d. 3. D. 4 (dead) (dead) D. 2. Plaintiff a stranger claims as purchaser from defendant No. 4. Defendant No. 1 also a stranger claims as purchaser from defendants. Nos. 2 and 3.

(3.) ON March 22, 1951 Jaga executed a Will in favour of her daughter defendant no. 4. On April 20, 1954, defendant No. 4 soldi the suit property to the plaintiff. On May 4, 1954 defendants 2 and 3 sold to defendant No. 1 their alleged 2/3rd share; defendant 3 is said to be indigent and so a preferential heir under Hindu law. The plaintiffs case is that item No. 6 in dispute is Stridhan property of Jaga and items 1 to 5 are ancestral properties. The dispute is between defendant No. 1 as purchaser from- indigent sister defendant No. 3 and the step-sister defendant 2 on the one hand and the plaintiff as purchaser from the better placed sister defendant 4. The defence of the purchaser defendant No. 1 is that he had purchased the disputed property from defendants "2 and 3 as aforesaid and acquired a good title.