Gyanendranath Das vs Kami Bewa & Ors
2025 Latest Caselaw 7261 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. 214 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.

22.

2. Before taking up hearing of the matter, it is noticed that the appeal was admitted by order dated 28.05.2010 on the substantial questions of law indicated in Ground Nō.B of the memorandum of appeal. However, after hearing learned counsel for the appellant and on going through the impugned judgments, this Court deems it proper to reformulate the substantial questions of law as follows:-

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?

v) Whether the lower appellate Court was correct in applying the principles applicable to the documents executed by an illiterate/pardanashin lady, when defendant no.1, being the executant of the agreement for sale, had not come forward to depose as a witness?

3. Heard Shri Milan Kanungo, learned Senior Counsel with Shri D.K. Pradhan, learned counsel for the appellant in part.

4. List this matter in the week commencing 12th May, 2025.

(Sashikanta Mishra) Judge

GDS

Designation: JOINT REGISTRAR-CUM-PRINCIPAL