GOKHANI BEWA Vs. GAYADHAR DAS AND ORS.

JUDGEMENT

(1.) THE Defendant No. 2 is in appeal against an affirming decision of the learned Subordinate Judge, Kendrapara, in a suit for title and possession.

(2.) THE Plaintiff 's case was that the original Defendant No. 1 Bairagi Das had two sons - Risi and Dasarathi. Risi had died long before and Dasarathi died in the month of November, 1956 in a hospital at Calcutta. The second Defendant who is now the Appellant is the widow of Dasarathi. The Plaintiff was also residing in Calcutta where he ran a cloth shop. He had undertaken the treatment of the second Defendant and when inspite of all his care and attention Dasarathi died, his cremation was also made by the Plaintiff. The Defendants 1 and 2 were poor and helpless. He also met their expenses for the obsequies of Dasarathi. Dasarathi had settled to purchase one acre and odd decimals of land from one Murari Charan Rout (p.w. 4) for a consideration of Rs. 1279/ -. It had been agreed that after the payment of full consideration title would pass to the second Defendant. Out of the consideration money Dasarathi had paid Rs. 605/ - and died before the rest could be paid. Murari had to receive the balance consideration money. The Plaintiff paid the same in the circumstances indicated above and obtained the sale deed after registration.

(3.) AT the trial, four witnesses in all were examined for the Plaintiff. p.w. 1 is a grandson of the Defendant No. 1. He is an attesting witness to the deed of gift, Ext. 1. p.w. 2 is the scribe of Ext. 1. p.w. 3 is the Plaintiff and p.w. 4 is Murari, the vendor of Ext. E, the sale deed in favour of Dasarathi. On the side of the Defendant, the Defendant No. 2 was examined as d.w. 2. An officer of the Land Acquisition Department was examined as d.w. 1 to show that Borne compensation was paid for the acquisition to the Defendant. Several documents were exhibited on either side.