HARAMANI DEI Vs. BAURI BEWA

JUDGEMENT

(1.) THIS is a plaintiff's appeal against a reversing judgment of the lower appellate court in a suit for partition and allotment of half share and for declaration that the sale deed dated 11-7-61 by Uchhab Padhan is void and for certain other ancillary reliefs,

(2.) ONE Kela Padhan had 3 sons --Rama, Gobinda and Uchhab. The fourth wife of uchhab is Bauri, the defendant, and the step-daughter of Bauri is Haramani, the plaintiff. Uchhab was ill and bed-ridden and 2 days before his death, according to the plaintiff, he was carried to the Sub-Registrar's Office and the impugned document was taken from him. The allegation of the plaintiff is that this document was fraudulent and without consideration and title to the Ka schedule land could not pass under the document. After Uchhab's death there was dispute which ultimately led to the filing of the present suit.

(3.) THE defence taken in the suit was that the plaintiff was not the daughter of uchhab and she was really the daughter of Rama, the eldest son of Kela. It was further stated that the defendant had purchased the Kha schedule land of 11 decimals as a purchase out of her Stridhan assets, and the Ka schedule land under the impugned document conveyed to her a valid title to the property and she has been in possession of both the items of property in her own right.