RINA SAHU Vs. GEETANJALI

JUDGEMENT

(1.) Since both these Appeals have been filed challenging the judgment & decree dtd. 31/3/2023 & 13/4/2023 respectively passed by the learned 3rd Additional District Judge, Berhampur in R.F.A. No.55 of 2014, those have been heard together for their disposal by this common judgment followed by the decree.

(2.) The Respondent No.2, as the Plaintiff, had filed the suit for declaring his ownership over the suit properties and to declare the registered sale deed bearing No.748 of 1997 in respect of the suit property standing in favour of the Defendant No.1, purported to have been executed by the father of the Plaintiff as to have been created by impersonation and without consideration and as such invalid in the eye of law and so also the consequential registered sale deeds executed by Defendant No.1 in favour of Defendant Nos.3 & 4 as invalid. The suit stood decreed by the following order -

(3.) Plaintiff's case is that his father Radha Mohan died leaving behind his widow Rahasa (Defendant No.5), the Plaintiff and a daughter, namely, Pramila (Defendant No.6) whereas the Defendant No.1 is the wife of Defendant No.2. Radha Mohan and the Plaintiff constituted a joint Hindu family of which Radha Mohan was the Karta. The joint family was having sufficient funds. With the aid of said joint family funds, the suit land had been purchased in the name of Radha Mohan by registered sale deed in the year 1970. It is stated that said property, being purchased in the name of Radha Mohan was blended with other joint family properties being thrown to the common stock. Radha Mohan and the Plaintiff had also exchanged a portion of their above purchased land with Defendant No.6. It was in the year 1973 through a registered deed of exchange. The rest portion of the purchased properties measuring Ac.0.663 pertaining to Plot No.282 & Khata No.196 as the subject matter of the suit.