SABITRI RANA Vs. LATA RANA

JUDGEMENT

(1.) THIS is an appeal by the unsuccessful plaintiff challenging the judgment and decree passed by the learned Subordinate Judge, Patnagarh in T.S. No.11 of 1979.

(2.) PLAINTIFFS case, in brief, was that one Pancha Rana was the owner of the suit homestead and cultivable lands. She had only one daughter, namely, Kunu. The said Kunu had three daughters, namely, Srimati, Chhai, and Mala and one son Dhoba. Defendant Nos.1 and 2 are daughter and son of Srimati, defendant No.3 is the only son of Chhai,Mala is defendant No.4, plaintiff is the daughter of Dhoba through his 2nd wife Khira, defendant Nos.6 and 7 are daughters of Dhoba through his 4th wife, defendant No.5. According to the plaintiff, Pancha Rana gifted the suit homestead along with the kachha house standing thereon to her daughter Kunu and the cultivable lands to her grand son Dhoba. Though Dhoba Rana lived with Kunu in the suit homestead and made some pucca structure on that homestead, yet on the death of Kunu, some time in the year 1970, the suit homestead devolved on her three daughters and only son Dhoba. Dhoba some time before his death sold the cultivable lands and out of the sale proceeds, he deposited Rs.10,000/ - for his wife and three daughters, namely, plaintiff and defendant Nos.6 and 7. After his death, plaintiff demanded her share from the suit homestead as well as the deposit made in the State Bank of India, but defendant Nos.5 to 7 declined to give any share and therefore, she had to file the suit demanding 1/4th share in the deposited amount and 1/8th share in the suit homestead land and house.

(3.) AS per the pleadings of the parties, trial Court framed the following 9 issues.