SOBHABATI PANIGRAHI Vs. RAGHUNATH PANIGRAHI AND ANR.

JUDGEMENT

(1.) THESE two appeals arise out of a suit brought by Respondent No. 1 Raghunath Panigrahi against the Appellant Sobhabati for a declaration that the latter had no right to alienate the suit lands and that the sale affected by her in respect of a portion of these lands in favour of Defendant Respondent No. 2 Kondho Padhi is not binding on the Plaintiff Respondent. Sobhabati's husband Natabar and Respondent No. 1 Raghunath Panigrahi are brothers. Natabara died in 1950. Shortly before his death he executed a Will (Ext. 1) dated 29 -4 -1950 in favour of his wife Sobhabat J. An English translation of the relevant provisions of the Will as set out in the judgment of the trial Court is reproduced below:

(2.) ISSUE No. 3 framed in the suit runs thus:

(3.) THE main question for consideration in this case is whether the right which Sobhabati had over the disputed property of which she was admittedly in possession when the Act came into force in 1956 was by operation of Section 14(1) thereof enlarged so as to confer upon her an absolute right over the same. To appreciate this contention it is necessary to Bet down Section 14 of the Act.