SARASWATI PANDA Vs. BANABIHARI MALIA

JUDGEMENT

(1.) PLAINTIFF is the Appellant against a reversing decree. The, suit was filed for declaration of title, confirmation of possession or, in the alternative, recovery of possession and for permanent injunction. The Plaintiff is the sister of the Defendant. It is claimed that the disputed property was purchased by the father of the parties in the year 1935.

(2.) THE Defendant in his written statement pleaded that the disputed property was the, joint family property of the Defendant and his father and as such his father had no exclusive right to sell the 'property to the Plaintiff. It was claimed that the disputed property had been purchased by the father of the parties by selling away the ancestral homestead land. It is further claimed that the father of the parties did not have sufficient income to acquire any property. It was further claimed that the sale deed executed in favour of the Plaintiff was a nominal transaction without any consideration.

(3.) IN appeal, the lower appellate court found that the disputed property was the joint family property having been purchased by the father of the parties after selling ancestral homestead. It was also found that even assuming that it was self acquired property, the property was treated as a joint family property by the parties including p. w. 2. The sale deed in favour of the Plaintiff was found to be a nominal sale deed not supported by payment of consideration. On these findings, the decision of the trial court was reversed.