NILAMANI DIBYA Vs. BISWANATH MOHAPATRA

JUDGEMENT

(1.) Order of remand by the appellate Court is the grievance of the appellants in this appeal under O.43. R.1(u), C.P.C.

(2.) Case of the plaintiff (respondent No. 1) is that he purchased the disputed property from defendant No. 2 (respondent No. 2) on the basis of a sale deed (Ext. 1) where the vendor clearly stated that she has transferable right over the property having got it in family partition. Case of file defendants (appellants) is that the disputed property belongs to deity Sri Durga Devi having been purchased by deceased Moti and the deceased husband of defendant No. 2 as Marfatdars and as such, defendant No. 2 had no transferable right over the same.

(3.) On the pleading, the following issues amongst others were settled :-