BALUNKI BEHERA Vs. RUKUNI BEHERANL
HIGH COURT OF ORISSA
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(1.) Defendant No. 1, the main contestant of the plaintiff's case, has preferred this appeal against the
confirming decision of the court below declaring the plaintiffs title to the suit house and directing the defendant No.
1 to vacate possession of the suit house or to be evicted therefrom through court.
(2.) The suit house admittedly belonged to Ramakrishna Behera, the father of the plaintiff and the paternal
grandfather of defendant no. 1, Ramakrishna had three sons, Balabhadra, Kalia (father of defendant no. 1) and
Laxman, Kalia and Laxman executed a registered sale deed (Ext. 1) on 10-12-46 in favour of the plaintiff for Rs.
300/-. As defendant no. 1, the appellant herein, was then a minor, the document was executed on his behalf by Kalia
as the father-guardian of the minor. Kalia died within a short time after the execution of the sale deed.
(3.) The plaintiff a case, in short, is that Balabhadra died issueless prior to the year 1946. Thereafter Kalia and
Laxman sold the suit house described in schedule A of the plaint to the plaintiff for Rs. 300/- as per the registered
sale deed Ext. 1 dated 10-12-1946, and put the
plaintiff in possession of the suit house. After the execution of the sale deed Kalia stayed in another house
constructed by him. On the request of the relations, the plaintiff permitted Laxman to remain in the suit house for
some time as the plaintiff then was living with her husband at Kharagpur where he was employed then. Laxman
died in 1969 and thereafter his widow Kamala went away to her father's house, However, the plaintiff permitted
defendant No. 1, the son of Laxman, to remain in the house. After the death of the plaintiffs husband she came back
to her said house and got the suit house mutated in her name in the municipal records in 1966. Subsequently during
the Survey and Settlement operations, defendant no, 1 set up claim for the suit house, and in 1969 the Settlement
authorities, in spite of the plaintiffs objection, directed joint recording of the name of the plaintiff and defendant no.
1 in respect of the said house. The plaintiff has prayed for recovery of possession of the suit house from defendant
no, 1 and for, other ancillary reliefs.;
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