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Narayan Parida And Another vs Ram Chandra Parida And Others
2025 Latest Caselaw 8510 Ori

Citation : 2025 Latest Caselaw 8510 Ori
Judgement Date : 20 September, 2025

Orissa High Court

Narayan Parida And Another vs Ram Chandra Parida And Others on 20 September, 2025

Author: B.P. Routray
Bench: B.P. Routray
Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 22-Sep-2025 18:44:45




                                           IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                      RFA No.90 of 2008
                            (From the judgment and decree dated 11.03.2008 passed by the
                            learned Ad-hoc Addl. District Judge (Fast Track) Court, Jagatsinghpur
                            in T.S.No.37/84 of 2006/2002)



                            Narayan Parida and Another                ....             Appellants


                                                               -versus-




                            Ram Chandra Parida and Others             ....              Respondents



                            Advocate(s) appeared in this case:-

                                          For Appellant         : Mr. D.P.Mohanty, Advocate

                                          For Respondents       : Mr. S.Mishra, Advocate for R.1



                                            CORAM: JUSTICE B.P. ROUTRAY
                                                         JUDGMENT

th 20 September, 2025

B.P. Routray, J.

1. Heard Mr. D.P. Mohanty, learned counsel for the Appellants

and Mr. S. Mishra, learned counsel for Respondent No.1.

Location: High Court of Orissa, Cuttack

2. The judgment and decree dated 11th March 2008 of learned Ad-

hoc Addl. District Judge (Fast Track) Court, Jagatsinghpur passed in

T.S. No.37/84 of 2006/2002 is assailed in present appeal by

Defendants 2 & 3.

The suit was filed by present Respondent No.1 as the Plaintiff

praying for partition and to declare R.S.D. No.2410/2000 (Ext-A)

executed in favour of Defendants 2 & 3 as void and invalid, along

with other consequential reliefs. There are two sets of property

involved in the suit as schedule-A and schedule-B. Schedule-B

property is the property covered by R.S.D. dated 24th October 2000

(Ext-A).

3. The parties contested their case and upon adjudication the

learned Trial Judge decreed the suit in favour of the Plaintiff drawing

shares of the parties over the properties covered in both schedule-A &

B treating the sale deed under Ext-A as void, without any specific

declaration to that effect. The properties under lot No.II of Suit

Schedule-A has been decreed in favour of the family deity (Defendant

No.1) with joint marfatdar of both parties. The portion of the decree

where learned Trial Judge has treated the sale deed under Ext-A as

Location: High Court of Orissa, Cuttack

void covering schedule-B property, and directing partition of the same

among the parties is subject matter of challenge in present appeal.

4. The relationship between the parties is that, late Dolagobinda

Parida (Doli) is the common ancestor of the parties who had two sons

and two daughters. Second son namely, Ram Chandra Parida is the

Plaintiff. The family deity is Defendant No.1 and Defendant No.4 is

the elder son, i.e. brother of the Plaintiff. Defendant Nos. 2 & 3 are

the sons of Defendant No.4. Defendant Nos. 5 & 6 are the daughters

of Dolagobinda and Defendant No.7 was the wife of Dolagobinda.

5. According to Plaintiff, entire property of the family was

undivided and therefore there should be partition among the parties in

respect of schedule-A properties. In addition to the same, the Plaintiff

contends that the property covered in suit Schedule-B, allegedly sold

by Dolagobinda under Ext-A in favour of Defendant Nos. 2 & 3, is

not valid and the sale deed is a void document. It is for the reason that

on the date of alleged sale on 24th October 2000, his father late

Dolagobinda was not mentally fit to act independently to execute the

sale deed. But the sale deed under Ext-A was signed by Late

Dolagobinda by misrepresentation and fraud on the guise of getting

financial assistance from the Office of Block Development Officer for

Location: High Court of Orissa, Cuttack

Indira Abas House. It is the further case of Plaintiff that there was no

legal necessity on the part of Dolagobinda Parida to execute such sale

deed in favour of Defendant Nos. 2 & 3, secondly, there was no

passing of consideration money in the alleged execution of sale deed

of schedule-B land and thirdly, there was no delivery of possession in

pursuance of the impugned sale.

6. The Defendants had no objection with regard to partition of the

suit schedule-A property and all the parties accordingly agreed for

partition in respect of suit schedule-A property. But Defendant Nos. 2

& 3 who are the purchasers in respect of the sale deed under Ext-A,

filed their joint written statement denying the contentions of the

Plaintiff to treat the sale deed as a sham document and according to

them the sale deed under Ext-A executed by late Dolagobinda Parida

is a valid document being validly executed by him in their favour

upon receipt of the sale consideration money. The further case of

Defendant Nos. 2 & 3 is that, the legal necessity on the part of the

seller was very well depicted in the sale deed itself and the recitals of

the sale deed are self-explanatory which are not established to be

incorrect by the Plaintiff.

Location: High Court of Orissa, Cuttack

7 The learned Trial Court while adjudicating the dispute framed

seven issues amongst which Issue Nos. 6 & 7 are with regard to

execution of the sale deed under Ext-A in respect of suit schedule-B

properties. Said two issues read as follows:-

Issues:-

                                                   xxx                       xxx                  xxx

                                              6.   Is    the   sale   deed   dtd.24.l0.2000   executed   by

Dolagobinda Parida in favour of defendant nos.2 & 3 is illegal, invalid and void deed?

7. Whether the plaintiff has contributed funds for acquisition of suit schedule 'B' properties?

It is to be noted that such finding of the Trial Court in respect of

Issue Nos. 6 is the challenge made by Defendants No. 2 & 3 in present

appeal. According to learned Trial Court, there was no legal necessity

on the part of Dolagobinda Parida to execute the sale deed in favour

of Defendants No. 2 & 3, based on the evidences led by different

witnesses and upon a thorough analysis of the same. It is also the

finding of the Trial Court that passing of consideration money for

execution of sale of the property is not proved to be a genuine fact and

thus, taking into all such circumstances it has come to the finding that

Location: High Court of Orissa, Cuttack

the Plaintiff has established his case to prove the sale deed under Ext-

A as illegal and void.

8. Mr. Mohanty, learned counsel for the Appellant while

challenging such finding of learned Trial Court submits that

admittedly suit schedule-B property is the self-acquired property of

Dolagobinda Parida and he according to the recitals of the sale deed

executed the sale deed voluntarily and the findings of the Trial Court

with regard to legal necessity on the part of the executor and passing

of sale consideration money from the purchaser are not supported by

sufficient material to treat the sale deed void. The chosen sentences of

the witnesses used by the Trial Court to support Plaintiff's case are

wrong appreciation on the part of the learned Trial judge. By taking

this Court to the evidence of the Plaintiff, Defendant Nos. 2, 4 and

other witnesses, Mr. Mohanty, learned counsel, tries to convince that

the facts and statements of evidences of the witnesses do justify the

case of Defendant Nos. 2 & 3 to show that the sale deed under Ext-A

has been validly executed.

9. Conversely, it is submitted by Mr. Mishra, learned counsel for

the Plaintiff (present Respondent No.1) that when evidence has been

brought through the witnesses that there was jointness in the family,

Location: High Court of Orissa, Cuttack

the question of legal necessity on the part of Dolagobinda Parida for

personal causes is not at all a fact existed to execute the sale deed by

him. Mr. Mishra contends that when separation of all the parties from

jointness of the properties and family is not pleaded by the

Defendants, the question of legal necessity on the part of the executant

alone to sale the land does not arise. It is also submitted that

Defendant Nos. 2 & 3 were not that affluent at the time of execution

of the sale deed to pay the consideration amount since one of the

purchaser was a minor at that time and the other purchaser had very

scanty income to maintain his livelihood with three children.

Therefore, the finding of the Trial Court in this regard that Defendants

No. 2 & 3 were not financially capable to pay the consideration

amount is completely justified on the basis of the statements of the

witnesses made in course of their evidences.

10. As stated earlier, the challenge to the impugned judgment and

decree is in respect of the execution of sale deed dated 24 th October

2000 (Ext.A) covering suit schedule-B properties. The extent of land

covered under suit schedule-B property is measuring Ac.0.48

decimals, agricultural land in nature. It is true that no dispute with

regard to partition of the properties covered under suit schedule-A is

Location: High Court of Orissa, Cuttack

questioned by either party. Since the challenge is in respect of

declaring the sale deed is void and invalid to treat the same as a sham

transaction on the ground of misrepresentation and fraud played by

Defendants No. 2 & 3, as per the allegations of the Plaintiff made in

the plaint, undoubtedly the burden comes on the Plaintiff to prove his

contentions that execution of Ext-A is null and void based on fraud

and misrepresentation. Sections 101 to 111 of the Evidence Act

enumerate the principles of burden of proof. At the beginning, section

101 requires the plaintiff to initially discharge the burden to prove the

facts exist in his favour as per his contentions. In Anil Rishi vs-

Gurbaksh Singh, (2006) 5 SCC 558, the Hon'ble Supreme Court

have held that;

"19. There is another aspect of the matter which should be borne in mind. A distinction exists between burden of proof and onus of proof. The right to begin follows onus probandi. It assumes importance in the early stage of a case. The question of onus of proof has greater force, where the question is, which party is to begin. Burden of proof is used in three ways: (i) to indicate the duty of bringing forward evidence in support of a proposition at the beginning or later; (ii) to make that of establishing a proposition as against all counter-evidence; and (iii) an indiscriminate use in which it may mean either or both of the others. The elementary rule in Section 101 is inflexible. In terms of Section 102 the initial onus is

Location: High Court of Orissa, Cuttack

always on the plaintiff and if he discharges that onus and makes out a case which entitles him to a relief, the onus shifts to the defendant to prove those circumstances, if any, which would disentitle the plaintiff to the same."

11. In the case at hand, the Plaintiff has examined five witnesses

including himself as P.W.4. It is admitted on the part of the Plaintiff

that he was serving as a salesman earlier in "Jana Kalyan Bhandar",

a Cooperative Society, and he dropped his study in the year 1965-66

from Class-IX. So according to his statement Plaintiff has read up to

Class-IX and served for some years as a salesman. At the same

time, it is admitted by the Plaintiff that his brother, Defendant No.4

has read up to "Chatshali" (primary education up to Class-3).

Dolagobinda Parida died on 17th November 2001 and the sale deed

under Ext-A was executed on 24th October 2000. It is further

admitted that Defendant Nos. 2 & 3 being the sons of Defendant

No.4 became the grandsons of Dolagobinda. Thus, it is admitted by

the parties that Dolagobinda executed the sale deed under Ext-A in

favour of his grandsons prior to one year of his death.

12. As seen from the evidence of P.W.4 and D.W.6, who are the

sons of Dolagobinda, it is admitted that before 2-3 years of death of

Dolagobinda he remained ill, though no specific cause of ill or state of

Location: High Court of Orissa, Cuttack

illness of Dolagobinda has been brought on record. Nothing has been

brought on record with regard to the fact whether his illness was

mental, physical or both. But as seen from the narration of events that

in the year 2000 particularly on the date of execution of the sale deed,

Dolagobinda was not that much ill unable to move outside from his

house or unable to understand things generally.

13. When a challenge is levelled to a particular document, which

is a registered instrument, it is presumed that the transaction is

genuine. In Rattan Singh v. Nirmal Gill, (2021) 15 SCC 300, it has

been observed as follows;

"33. To appreciate the findings arrived at by the courts below, we must first see on whom the onus of proof lies. The record reveals that the disputed documents are registered. We are, therefore, guided by the settled legal principle that a document is presumed to be genuine if the same is registered, as held by this Court in Prem Singh v. Birbal [Prem Singh v. Birbal, (2006) 5 SCC 353] . The relevant portion of the said decision reads as below :

(SCC pp. 360-61, para 27) "27. There is a presumption that a registered document is validly executed. A registered document, therefore, prima facie would be valid in law. The onus of proof, thus, would be on a person who leads evidence to rebut the presumption. In the instant case, Respondent 1 has not been able to rebut the said presumption."

Location: High Court of Orissa, Cuttack

(emphasis supplied) In view thereof, in the present cases, the initial onus was on the plaintiff, who had challenged the stated registered document.

xx .. xx .. xx .."

14. It is true that when the terms and understandings between the

parties are required to be reflected in writing in the document, to

disprove the same oral evidence can be led in specific circumstances,

and the provisions of Section 91 & 92 of the Evidence Act come into

operation depending on the nature of document. What is submitted by

Mr. Mishra, learned counsel for the Plaintiff that in case of a

challenge to the sale deed that it has been obtained by way of fraud

and misrepresentation, in such circumstances the oral evidence by the

party is permissible contrary to the recitals of the documents or in

rebuttal to the contents of the document. It is true that when the

character of the document is assailed being fraudulent or sham, it is

open for the party to question the contents of the documents by

rebuttal evidence. Indisputedly when the true character of a document

is questioned, extrinsic evidence by way of oral evidence is

admissible. [See Vimal Chand Ghevarchand Jain & Ors. Vs.

Ramakant Eknath Jadoo, (2009) 5 SCC 713] So, it needs to be

looked into the recitals of the sale deed at the first instance. According

Location: High Court of Orissa, Cuttack

to the recitals of the sale deed under Ext.A, the executant or the seller

received the consideration amount of Rs.26,400/- from the purchasers

for his legal necessity to sale the property. Such consideration money

was paid in installments prior to execution of the sale deed. The Trial

Court upon analysis of the evidences of the parties and their witnesses

has come to the conclusion that since there is discrepancy in the

pleading and evidence of the Defendants vis-à-vis the recitals of the

sale deed with regard to nature of payment of consideration money, it

is hard to believe that actual consideration money has been passed for

execution of the sale deed in favour of Defendant Nos. 2 & 3. It is for

the reason that, Defendant No.3 was though a minor below 18 years of

age on the date of execution of the sale deed, but his age has been

wrongly mentioned as 20 years in the sale deed and further, the

statements of Defendant No.2 and his witnesses regarding payment of

Rs.21,400/- on the date of execution of the sale deed to Doli Parida is

contrary to the recitals of the sale deed that the amount was paid in

installment. The further reason stated by the Trial Court that

according to the statements of D.W.2, an attesting witness present at

the time of registration of Ext.A, the contents of the document were

not read over and explained to Doli Parida before he put signature in

the document.

Location: High Court of Orissa, Cuttack

15. Admittedly the Trial Court gave finding on Issue No.7 against

the Plaintiff that he failed to establish his claim regarding payment of

money to Doli Parida at the time of purchase of suit schedule-B

property in the year 1972. This part of the finding of the Trial Court is

never challenged by the Plaintiff. On Issue No.6, it is the conclusion

of the Trial Court that Defendant Nos. 2 & 3 played fraud and

misrepresentation on the executor - Doli Parida, first, by taking him

to the office of the registration and getting his signatures on the stamp

papers in the guise of belief given to him that he had been to the office

of Block Development Officer to sanction the loan for repairing the

house damaged in super cyclone. The further conclusion of the Trial

Court in respect of payment of consideration money by Defendant

Nos. 2 & 3 is that, they did not have that financial capability to pay

Rs.26,400/- in the year 2000. It is because Defendant No.3 was a

minor and Defendant No.2 had scanty income of Rs.800-1000/- per

month during that time.

16. It is true that D.W.2 namely, Bata Krushna Barik is an attesting

witness to the sale deed and he has deposed during his cross-

examination that the contents of Ext.A were not read over and

explained to Dolagobinda Parida before the Sub-Registrar. But at the

Location: High Court of Orissa, Cuttack

same time the deed writer (D.W.3) and Defendant No.2 (D.W.5) have

stated that the contents having been read over and explained to

Dolagobinda Parida, he put his signature on the same. According to

the evidences of different witnesses, the office of the Sub-Registrar

situates near the office of the B.D.O., but they are not adjacent. It is

though stated by the witnesses that Doli Parida was ill prior to

two/three years of execution of the sale deed, but it has never come on

record that he was not in a state of sound mind. Though no evidence is

there on record to say that Doli Parida was bedridden at that time, who

died on 17th November 2001, still it is the finding of the Trial Court

that he was not in a state of sound mind and bedridden. Here the trial

Court has committed error giving such finding without any material

brought on record in that respect. Illness does not mean that a person

is seriously ill and unable to move or his mental state is not sound. To

arrive at such specific conclusion there must be material evidence

brought on record to justify the same. But the Trial Court in the

present case has gone far beyond the evidence of the witnesses to

derive the conclusion that Doli Parida was not in a fit state of mind

and bedridden at the time of execution of the sale deed, which is

certainly an error apparent in the impugned judgment.

Location: High Court of Orissa, Cuttack

17. Here it is pointed out by Mr. Mishra, learned counsel for the

Plaintiff that though the age of Doli Parida as per his voter ID card

was 84 years but his age was mentioned as 76 years in the sale deed.

Taking into consideration the age of the executant as 84 years it is

normal on his part to be not in a state of fit mind to execute the sale

deed. In answer to this, it is clarified here that such an submission put

forth on behalf of the Plaintiff is not only having lesser probability but

also unsupported by specific evidence. It is not that the voter ID card

of a person is conclusive proof of his age. In the contrary, the age

mentioned in the sale deed can be considered as an declaration on the

part of the executant who has signed on the same. In absence of any

reliable rebuttal evidence to dispute the age of the executant against

his admission made in a registered document, the age mentioned in

the document remains binding to accept the same as such.

18. The allegation of fraud and misrepresentation on the part of

Doli Parida to execute Ext.A as alleged by the Plaintiff has not been

substantially proved through materials. Doli Parida was undisputedly

a man born and brought up in the same locality, and besides the suit

schedule-B land, he had purchased other lands also as admitted by the

parties. Therefore it is not that Doli Parida did not know about the

Location: High Court of Orissa, Cuttack

difference in the office of the Block Development Officer and Sub-

Registrar office. None of the witnesses have stated in that respect that

at the time of registration of Ext.A he was misrepresented to sign on

the stamp paper on the understanding that he is applying for loan in

the office of Block Development Officer, nor any such material to

substantiate such allegation of the Plaintiff has been produced on

record. Therefore such stand taken on behalf of the Plaintiff to

substantiate the ground of fraud is failed. The burden is on the

Plaintiff to prove the factum of fraud committed on Doli Parida as

alleged by him. Here in the instant case the Plaintiff is not able to

discharge the burden on his part. The Trial Court though has stated

that the Plaintiff has failed on this aspect to justify his ground of fraud

against Defendants but has stated that fraud has been committed on

Doli Parida since the document was not read over and explained to

him in presence of the Sub-Registrar and the true age of Defendant

No.3 as one of the purchaser was concealed. In the opinion of this

Court such grounds stated by the Trial Court to describe fraud

committed by Defendant Nos. 2 & 3 is insufficient to declare the

document void. Moreover the statement of D.W.2 with regard to non

reading of the document in presence of the Sub-Registrar cannot be

completely believed since the sole statement of D.W.2 is not

Location: High Court of Orissa, Cuttack

supported by the statements of other witnesses like D.W.3- the deed

writer, and D.W.5. Said statement of D.W.2 is of less probative value

because the execution of the document before the Sub-Registrar

remains undisputed and the presumptive value of such registered

instrument cannot be so easily brushed aside.

19. In relation to the finding of the Trial Court that no consideration

amount was passed for execution of the sale deed, the learned Trial

Court has analyzed upon the evidence of Defendant No.2 (D.W.5).

According to his finding, Defendant No.3 was a minor without having

income on the date of execution of the sale deed and Defendant No.2

did not have that financial affluency to pay the consideration amount.

It is true that as per the statement of D.W.6, who is the father of

Defendant Nos. 2 & 3, Defendant No.3 was a minor on 24 th October

2000 and therefore, it can be safely concluded that he did not have any

income in absence of specific materials in that respect. Defendant

No.2 has admitted in his evidence that he was having income of

Rs.800-1000/- per month and he married in the year 1995-96 and was

having three children on the date of execution of Ext.A. At the same

time, as per the evidence of D.W.6 (who is father of Defendants No. 2

& 3) he was living along with Defendants No.2 & 3 in the year 2000

Location: High Court of Orissa, Cuttack

in one mess. According to D.W.5 he was aged about 33 years in the

year 2000 and his income was Rs.800-to 1000/- per month. It is stated

by the Plaintiff that all the parties including Doli Parida were in joint

mess till death of Doli Parida in the year 2001. It is admitted on the

part of the Plaintiff that he was serving as a salesman in a Cooperative

store at Tarikunda, a place away from their village. On the contrary, it

is the case of the Defendants including Defendant No.4 that both sons

of Doli Parida were residing separately in separate mess, and Doli

Parida who was living along with his wife separately was not properly

attended by his sons. There is no material or evidence produced by the

Plaintiff to show that all the parties were in common mess where

D.W.6, the elder brother of the Plaintiff has denied about joint-ness of

family. According to the Defendants, 10 to 12 years prior to the

execution of the sale deed under Ext.A all were residing in separate

mess and therefore the legal necessity arose on the part of Doli Parida

to sale the land in order to meet his expenses towards medicine, wife's

treatment and repayment of loan incurred for daughters' marriage.

Such legal necessity recited in the sale deed under Ext.A has not been

sufficiently rebutted by the Plaintiff to substantiate his contention

denying the same. It is not that someone earning Rs.800- 1000/- per

month would be always incapable to pay Rs.26,400/-. When

Location: High Court of Orissa, Cuttack

Defendant No.2 was admittedly residing with his father in one mess

and his father had separate income also, it would be inappropriate to

presume that Defendant No.2 did not have the capacity to pay

Rs.26,400/- towards consideration money to purchase a land. What is

stated in the recitals of sale deed that Rs.5,000/- was paid prior to the

date of sale and Rs.21,400/- was paid on the date of sale, implies that

the consideration money was paid in installments and therefore there

cannot be any contradiction brought between the statements of

Defendant No.2 and the recitals of the sale deed. When it is stated by

the Defendant that he paid the consideration money in parts, first

Rs.5,000/- and then Rs.21,400/-, the conclusion derived by the Trial

Court that the same stands contrary to the recitals of the sale deed

regarding payment of consideration money in installments, is seen to

be an error committed by the Trial Court.

20. The Trial Court appears to have ignored an important fact that

undisputedly the stamp papers used in execution in the sale deed were

purchased by Doli Parida himself. This fact is never disputed by the

Plaintiff. When admittedly the sale deed was executed before the

registering authority on due stamp papers purchased by the vendor

and the same is challenged after death of the vendor, strong rebuttal

Location: High Court of Orissa, Cuttack

evidence needs to be produced on record to disbelieve valid execution

of the sale. The finding of the Trial Court that no consideration

amount was passed in favour of the vendor for the reason that

Defendant No.2 did not have sufficient income to pay the

consideration amount is not found supported with sufficient material

evidence. In the opinion of this Court, the Trial Court did not consider

the entire income of the family of Defendant No.4 who were in

common mess along with Defendants No. 2 & 3. Only for the reason

that Defendant No. 2 had meager income of Rs.800-1000/- per month

during the time of execution of the sale deed, it is not sufficient to

conclude that he is unable to pay the consideration amount for sale.

The Trial Court has not given any finding on the aspect of alleged

fraud that the signature of Doli Parida was taken on misrepresentation,

i.e. in the guise of applying for Indira Abas house. Only for the reason

that D.W.2 has said that the contents of the document was not read

over and explained to Doli Parida before the Sub-Registrar, contrary

to the evidence of D.W.3 & 5, it is not sufficient to opine that the

document was executed by playing fraud.

21. At this stage it is submitted by Mr. Mishra that when Doli

Parida was an illerate person, who only knows to put his signature, the

Location: High Court of Orissa, Cuttack

burden shifts on the beneficiary to establish the fact of valid execution

and passing of consideration money. It needs to be answered here it is

not the case of the Plaintiff that either of the purchasers or even their

father were educated and in a position of advantage to dominate the

seller. Alike Doli Parida, Defendants No. 2, 3 and 4 are also

uneducated and depending on cultivation to maintain their livelihood

unlike the Plaintiff who was a service holder in a cooperative store.

Therefore the totality of circumstances on the backdrop of the

evidences of the parties and the materials brought on record, it would

be incorrect to conclude that the sale deed was executed without

passing of the consideration money and by playing fraud/

misrepresentation on the vendor. It is true that the vendor is the

grandfather of the purchasers. But this cannot be a ground to be taken

against the purchasers that they have managed to get the sale of land

in their favour by influencing the vendor or practicing fraud on him

without paying the consideration money. The legal necessities of the

vendor as described in the sale deed are not established as non-

existent through cogent evidence. The preponderance of the evidences

including the fact of admitted signature of Dolagobinda Parida on the

sale deed, the stamp papers purchased by him and registration of the

same being presented before the Registering Authority, is found much

Location: High Court of Orissa, Cuttack

heavier in favour of Defendants No. 2 & 3 against the evidences

adduced by the Plaintiff. Therefore the finding of the Trial Court to

set aside the sale deed for including suit schedule-B properties for

partition with equal share of the Plaintiff on the same, as per the

impugned judgment, needs to be interfered with.

22. It is accordingly directed that the impugned judgment in respect

of suit schedule-B properties covered in the sale deed under Ext.A is

excluded from the partition as the exclusive property of Defendants

No. 2 & 3.

23. The appeal is disposed of as allowed.

( B.P. Routray) Judge

S.Das, Sr.Steno

 
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