UPENDRA MOHANTO Vs. CHAMPA BEWA

JUDGEMENT

(1.) Plaintiff -respondent No. 1 had filed Title Suit No. 18/76 claiming one -fourth share and allotment of 'Una' Schedule property and damages of Rs. 700/ - towards prices of buffalo and calf from defendants 1, 5 and 6. The trial Court while negativing the claim for partition and damages has declared that the sale deed dated 1 -3 -1974 (Ext. C) executed by the plaintiff in favour of defendants 5 and 6 was invalid and not binding on her. The aforesaid Judgment and direction of the trial Court are underchallenge at the instance of defendants 5 and 6.

(2.) THE undisputed genealogy relating to the parties is extracted hereunder: Late Bisu Mohanta/Raibu Mohanta=Late Sukha = Subodhini(1st, wife) (2nd wife)/ (D -1) Champa Saradha FulaPlaff.) (D -2) (D -3) Defendant No. 4 is the son of defendant No. 1 through her 1st husband late Bira Mohanta, Defendant No. 7 is the son of the plaintiff through her 1st husband late Thela Mohanta. Defendants 5 and 6, the sons of late Daitary Mohanta (brother of defendant No 1) are purchasers from the plaintiff under the sale deed (Ext. C).

(3.) DEFENDANTS 1, 4 to 6 filed a joint written statement denying the plaint averments. It was asserted by them that Raibu Mohanta out of his free volition has gifted away the properties in Schedule 'Ka' of the plaint in favour of defendant No. 1 which were subsequently transferred in favour of defendant No. 4 for consideration and as such the plaintiff and defendants 2 and 3 have no interest in the said proper -ties. It was further stated that defendants 5 and 6 had validly purchased Belaposi lands from the plaintiff and plaintiff had no farther interest in the said lands. In an additional written statement filed on their behalf. it was stated that out of Raibu's Ac. 8.95 dec. of land in village Tangarani, Ac. 5.09 dec. of lands had been gifted away by him during his life -time and after his death, the balance land in village Tangarani and the lands in village Belaposi were partitioned among the plaintiff and defendants 1, 2 and 3 and in the said partition the balance land of Tangarani was allotted to the share of defendant No. 1, whereas Belaposi lands were allotted to the share of plaintiff and defendants 2 and 3, and as such the question of partition does not arise. Defendant No. 7 who is the son of the plaintiff through her first husband late Thela Mohanta filed a separate written statement supporting the plaintiff's case.