BAURI BANDHU NAIK AND ORS. Vs. RADHAMONI MOHANTY

JUDGEMENT

(1.) DEFENDANTS are the Appellants against the decision of the Additional District Judge, Puri modifying the decision of the Subordinate Judge, Bhubaneswar in a suit for partition.

(2.) PLAINTIFF 's case is that one Ananda Nayak had two sons -Udayanath and Jadumani. Plaintiff is the widow of Jadumani and Defendants are sons of Udayanath. Ananda died about 7 years back and Udayanath died about 6 years back. After death of Udayanath, Defendant No. 1 became the karta of the joint family. The entire suit properties are joint family properties. Plaintiff sold her half share in some of the suit properties to the Defendants for Rs. 500/ - with a stipulation that Rs. 200/ - would be paid before the Sub -Registrar and the balance would be paid at the time of handing over the registration ticket and thereafter title would pass to the Defendants. The Defendants paid only Rs. 200/ - before the Sub -Registrar at the time of registration but failed to pay the balance consideration money and as such the Petitioner got return of the sale deed from the Sub -Registrar and subsequently executed a deed of cancellation. Plaintiff admits partition of half share in all the suit properties.

(3.) THE trial Court found that holding Nos. 60 and 185 were the self acquired properties of Ananda and Defendant No. 1 had purchased the same and has been in exclusive possession thereof. He, however, found that the impugned sale of some holdings of the suit properties was not complete and title did not pass under registration. In as much as completion of the sale was dependent on passing of full consideration.