BHRAMARABAR BEHERA Vs. NARAYAN PANDA AND OTHERS

JUDGEMENT

(1.) Defendant no.1 is the appellant against a confirming judgment.

(2.) The plaintiffs-respondents 1 and 2 instituted the suit for confirmation of possession and declaration that the sale deed executed by defendant no.2 in favour of defendant no.1 is a nullity. The case of the plaintiffs is that the suit land originally belonged to Lingaraj Mohapatra. He sold the same to one Benu Behera on 11.4.1958. Benu Behera sold the said land to the plaintiffs by means of a registered sale deed dated 6.3.1965 and delivered possession. By the time the suit land was purchased by their mother, the plaintiffs were minor. The consideration amount was paid by the mother. At that time Govinda Panda was the guardian of the plaintiffs. The plaintiffs are in possession of the suit land. Defendant no.1 obtained a sale deed in respect of the suit land by giving ill advice to defendant no. No permission was obtained from the authorities under the Hindu Minority and Guardianship Act, 1956. When defendant no.1 threatened to dispossess the plaintiffs from the suit land, they filed the suit seeking the reliefs mentioned supra.

(3.) Defendant no.1 filed a written statement denying the assertions made in the plaint. According to him, the suit land had been purchased out of the joint family fund. Defendant no.2, being the Karta of the family, sold the said land to defendant no.1 for legal necessity and delivered possession to him. Since then he is in possession of the suit land.