PRANAKRUSHNA SAHU Vs. RAGHUNATH SAHU

JUDGEMENT

(1.) The judgment rendered by the learned single Judge in First Appeal No. 214 of 1977 dismissing the suit and the appeal arising from it as having abated under S. 4(4) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (for short, "the Act") is assailed in this appeal.

(2.) The core question that falls for determination in this case is whether the suit as laid abates under the aforementioned provision of the Act. To put it differently, the question is whether the reliefs sought in the suit are available to be granted by the authorities under the Act. If the question is answered in the affirmative, then it is to be held that the suit and the appeal arising from it abates if on the other hand, the question is answered in the negative, then the appeal is to be disposed of on merit.

(3.) The appellants filed O. S. No. 19/74 in the court of the Subordinate Judge, Puri against the respondents seeking the following reliefs : To cancel the sale deeds executed by defendant No. 1 - Balabhadra Sahu (since deleted from the appeal) in favour of defendants 2 to 6; for partition of the properties described in schedule 'Ka' of the plaint and other consequential reliefs. Plaintiffs 1 and 2 are sons of defendant No. 1 and plaintiff No. 3 is wife of defendant No. 1. The other defendants are purchasers of portions of suit property from defendant No. 1. The case of the plaintiffs was that the suit 'Ka' schedule properties are ancestral properties of the parties; defendant No. 1 who is addicted to liquor and other intoxicants executed sale deeds in favour of the defendants 4 to 6 in respect of portions of ancestral properties without receiving any consideration and without any necessity, and the sale deeds executed without "consideration and without family necessity are invalid and void. The plaintiffs having learnt about illegal transfer of their ancestral properties filed the suit seeking the reliefs noted earlier.