Orissa High Court

Anita Mohanty & Others vs Shantilata Das & Others on 1 July, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                    R.S.A. No.164 of 2020
            Anita Mohanty & others                        ......     Appellants
                                                                 Represented by
                                                        Mr. D.Mohanty, Advocate
                                           -Versus-
            Shantilata Das & others                         ....      Respondents
                                                                   Represented by

                    CORAM:
                          JUSTICE SASHIKANTA MISHRA
                                         ORDER

01.07.2025 Order No. 1. This matter is taken up through hybrid mode.

09.

2. Heard Mr. D.Mohanty, learned counsel for the appellants.

3. Perused the impugned judgments.

4. Considering the submissions and the grounds raised, the second appeal is admitted on the following substantial questions of law.

"I) Whether the learned 1st Appellate Court is justified in reversing the judgment and decree passed by the learned Civil Judge (Jr.Divn.), Balasore and thereby holding therein that the plaintiffs/respondents are entitled to the doctrine of feeding the grant by estoppels as envisaged under Section 43 of the Transfer of Property Act, 1882 ?

II) Whether the learned 1st Appellate Court is justified in holding that the plaintiffs/respondents are to be protected in view of Section 43 of the Transfer of Property Act, 1882 by taking presumption under section 90 of the Indian Evidence Act to Ext.4 and when the alleged execution is hit by Benami Transaction Act ?

III) Whether the learned lower appellate Court is justified in holding the Sale Deed dated 18.10.1968 is a valid one in view of Section 43 of the Transfer of Property Act, 1882 when the execution of sale deed has not been duly proved ?

IV) Whether the learned 1st Appellate Court is justified in reversing the judgment and decree passed by the learned

Civil Judge and thereby dismissing the counter claim of the appellants when the counter claim has valid cause of action and maintainable under Section 34 of the Specific Relief Act ?"

5. Issue notice to the respondents by registered Post with A.D. making it returnable within four weeks. Requisites be filed within a week.

6. Call for the L.C.R.

7. List this matter for hearing in the month of December, 2025 along with RSA No.163 of 2020.

(Sashikanta Mishra) Judge Manoj