RADHA KRISHNA PADHI Vs. BHAJAKRUSHNA PANDA

JUDGEMENT

(1.) THESE appeals have been filed by the Appellant against the Judgment and order of the Learned Single Judge dated 26th April, 1994 dismissing the First Appeal Nos. 145 of 1971 and 9 and 15 of 1972, against the Judgment and decree dated 25th September, 1971 passed by the Subordinate Judge, Berhampur in Title Suit No. 6 of 1969 (Urmila Padhi v. Judhisthiro Padhi and Ors.).

(2.) THE matters relate to the partition of immovable properties of the descendants of one Nirakar Padhi. The pedigree of the descendants is as follows:

(3.) SRINIBAS was having only one son Khalli, who got married to Urmila. He died in 1944 at a very young age immediately after the marriage. Urmila Padhi claimed the partition of the properties, which was accepted in 1967 by Judhisthiro Padhi. A partition deed, in this respect, was executed and registered on 27th June, 1968. There was a division of properties by metes and bounds. Smt. Urmila Padhi was given only 6 annas share in stead of 8 annas in the family settlement. Immediately thereafter, Urmila executed a registered deed of settlement in respect of some of the properties in favour of her sister. Smt. Ambalika Padhi (D.4) on 31st October, 1968, and a Will in favour of his brother's son Bhajakrushna Panda on. 24th January, 1969. As the Appellant/ Defendant created certain hindrances and blocked the delivery of paddy to Smt. Urmila Padhi and Ambalika Padhi. Smt. Urmila Padhi filed a suit on 25.12.1968 for confirmation of partition of schedule properties as per the deed of partition dated 22nd June, 1968 and for certain other reliefs. Ramanath Padhi (D.2) was of unsound mind, thus his wife Smt. Kanchan Padhi was impleaded as Defendant (D.6) so that Defendant No. 2 could be represented properly. After filing of the suit, Plaintiff Smt. Urmila Padhi died on 20.4.1969. Bhajakrishna Panda, Urmila's brother's son in whose favour Will had been executed was substituted as her LR vide Order Dated 28.4.1969. Judhisthiro Padhi also died and as his two sons were Defendants in the suit, his daughter Mahalaxmi (D.1/c) was substituted as his legal representative. The Trial Court transposed Smt. Ambalika Padhi (D.4) as the Plaintiff vide Order Dated 19.8.1971. The contesting Defendants took the plea that Plaintiff Smt. Urmila Padhi being a child widow had never joined the family of her husband, who had died at a very young age and her marriage had never been consummated. She started living with her parents and never came to claim the properties. As she had abandoned her share, even otherwise, under the then existing Hindu law, she had no right to inherit the property of her late husband, partition took place between Judhisthiro and his two sons by metes and bounds prior to 1952 and land was settled under the Orissa Estates Abolition Act in 1951 (hereinafter called the Act, 1951) strictly in accordance with law in their favour. The partition deed dated 27.6.1968 was the document just to have an ostensible title of Smt. Urmila Padhi in the properties. The deed of settlement and Will were got prepared at the behest of the persons who intended to garb the land and other immovable properties and thus none of them was a valid document. Pleas of adoption of Kishore Chandra Padhi (D.5) by the Plaintiff Smt. Urmila Padhi, and transfer of some land by Judhisthiro Padhi (D.1) in favour of Smt. Kanchan Padhi (D.6.).