Gyanendranath Das vs Kami Bewa & Ors
2025 Latest Caselaw 7260 Ori

Orissa High Court

Gyanendranath Das vs Kami Bewa & Ors on 17 April, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  RSA No. 213 of 2010

            Gyanendranath Das                .....                            Appellant

                                                       Mr. Milan Kanungo, Sr. Advocate
                                                           with Mr. D.K. Pradhan, Adv.
                                             -Versus-
            Kami Bewa & Ors.                 .....                         Respondents

                                                                  Mr. P.K. Lenka, Adv.

                                         CORAM:
                      THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA
                                                     ORDER

17.04.2025

Order No. 1. This matter is taken up through hybrid mode.

09.

2. It is found that though the appeal is ready for final yearing, yet the same has not been formally admitted. Since the connected appeal (RSA No. 214 of 2010) has been formally admitted and substantial questions of law have been framed and the present appeal arises out of the common judgment, the appeal is admitted on the following substantial questions of law:-

i) Whether mere admission of the plaintiff-appellant regarding ownership of Kuntala Kumari respondent no. 4 over the property left by Late Jai Barik will confer any right, title, interest on her, although legally she inherited no title and her mother Kami Bewa-respondent no. 1, being a pre-act widow, became the absolute owner of the property left by her husband-Late Jai Barik and as such entitled to execute the agreement for sale in favour of the plaintiff-

appellant?

ii) Whether the agreement Ext. 1 is enforceable as against the respondent no. 4, as the legal heir, after the death of Kami Bewa-respondent no. 1?

iii) Whether the defendant-respondents discharged the burden of proving the alleged fraud committed in execution of Ext.1 in terms of Order 6 Rule 4 CPC?

iv) Whether the possession of the appellant pursuant to Ext. 1 is liable to be protected U/s. 53(A) of the Transfer of Property Act?

3. List this matter along with RSA No. 214 of 2010 on the date fixed therein.

(Sashikanta Mishra) Judge

GDS

Designation: JOINT REGISTRAR-CUM-PRINCIPAL