SRIMATI SAILABALA TRIPATHY Vs. BANSIDHAR MISRA AND ORS.

JUDGEMENT

(1.) THE Plaintiff is in appeal against the affirming decree of the learned Subordinate. Judge of Bhubaneswar in a suit for title and other ancillary reliefs In respect of decimals of homestead land located within the town of Bhubaneswar.

(2.) PLOT No. 272 with a total area of 520 Decimals stands recorded in the names of Defendant No. 3, father of Defendant No. 4 and wife of Defendant No. 5 along with one Arjuna Garabadu, who is not a party to this litigation, as per the Record of -Rights (Ext. 11). The Plaintiff claimed that under a registered sale deed dated 7 -1 -1963 (Ext. 3), she purchased 80 decimals on the southern -most side of this plot from Defendants 3, 4 and wife of Defendant No. 5 for a consideration of Rs. 800/ -. One Urmila Parida who is not a party to this litigation and happens to be the wife of one Batakrushna Parida purchased 250 decimals out of this plot from Defendants 3 and 4 under a registered sale deed dated 4 -9 -1962, a certified copy whereof is Ext. 7. The sale deed describes the purchase to be from the southern side of the plot. Defendant No. 1 purchased 80 decimals from middle of the plot by a registered sale deed date. 13 -11 -1963 (Ext. B/l) from Defendant No. 5. Similarly Defendant No. 2 made a purchase of 80 decimals of land out of the said plot on the same day from out of the northern side of this plot (Ext. B). The Plaintiff filed the suit on 31 -7 -1974 having lost in a proceeding under Section 145 of the Code of Criminal Procedure. In paragraph 11 of the plaint she stated:

(3.) UNDER directions of the Appellate Court, a Commissioner had been taken. The Commissioner 's report was placed before the learned Munsif for consideration and by order No. 68 dated 21 -9 -1968, the learned Munsif accepted the report. There is no dispute that the total area of plot No. 270 is 520 decimals. The total area of sales under Exts. 7, 3, Band B/1 comes to 490 decimals. The Commissioner has with reference to the descriptions in the sale deeds demarcated in Ext. III the location of the properties sold under the various deeds. The 30 decimals which are left undisposed of have also been shown.