BATAKRUSHNA SAHU Vs. KUNJA BEHARI
HIGH COURT OF ORISSA
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Narasimham, J. -
(1.) This appeal is by defendants 1 and 2 against the appellate judgment of Additional District Judge of Cuttacb confirming the judgment of the Munsif of Cuttack decreeing the plaintiff's suit for declaration of title and recovery of possession of a piece of homestead land situated in Cuttack town.
(2.) In the Current Settlement (See Ext. 4) the disputed property was recorded under Khata No. 846 in the names of Haudi Bewa and Dura Bewa, the two widows of one Natha Behera. The said khata consisted of the following two plots; plot No. 1210 having an area of .035 cents, piot No. 1211 having an area of .004; the first plot was recorded as 'gharbari' and the second plot as 'dpkan'. The nature of right of the said two widows was recorded as that of 'Darpattadar'. Defendants 1 and 2 are admittedly the Pattadars in respect of the two plots under the Khasmahal who is the superior landlord.
(3.) The plaintiff's case was that Natha Behera had a permanent tenancy right in the said two plots and that after his death his two widows Haudi and Dura inherited that right. Haudi died subsequently and Dura thus became the sole surviving heir in respect of the property. On 26-10-1943, she transferred her interest to the plaintiff by a kabala (Ext. 1) for a sum of Rs. 500/-. As defendants 1 and 2 threatened to evict the plaintiff he was compelled to bring the present suit for declaration of title and other consequential reliefs.;
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