SUDHIR CHANDRA BARDHAN Vs. JAGADISH CH KAR

JUDGEMENT

(1.) THIS is a plaintiffs appeal against the judgment of the District Judge of Mayurbhanj, reversing the judgment of the Munsif of Balasore and dismissing the plaintiff's suit with costs.

(2.) THE relationship between the parties will be clear from the following pedigree: - -

(3.) THE trial Court decreed the plaintiff's suit and on appeal the then District Judge Rai Bahadur C. C. Coari affirmed the judgment of the trial court. A second appeal against his decision 'S. A. No. 306 of 1948) was heard by a Division Bench of this Court. That Bench held that the question of legal necessity for the alienation was not properly considered by the two lower courts, and therefore remanded the appeal for re -hearing of this issue (issue No. 6) bearing in mind the observations contained in their judgment. After remand, the appeal was heard by Mr, A. R. Guru who held that the alienation made by Manmohini was for legal necessity and consequently dismissed the suit.