Pitambar v. Santi
Case brief
What is this about?
The High Court dismissed a second appeal challenging the refusal to grant partition of Kha schedule land. The Court upheld the inoperative nature of the appellant's sale deed due to a prior unchallenged sale of similar land to a third party, leading to dismissal of the appeal.
What did the court decide?
The appeal was dismissed; no order as to costs.
What the court decided
HIGH COURT OF ORISSA, CUTTACK
SECOND APPEAL No. 238 OF 1989
From the judgment and decree dated 13.03.1989 and 29.03.1989 respectively passed by the learned Additional District Judge, Bhadrak in T.A. No. 05/64 of 1983/87.
| Pitamber Nayak |
……… Appellant |
|---|---|
| Saunti Patra @ Mohapatra & others |
Versus. ……… Respondents |
| For Appellant | : M/s.K.N.Jena, A.K.Mohaptra, P.K.Jena, S.K.Nayak-2, S.S.K.Nayak, A,.Behera, K.Antara, advocates. |
| For Respondents |
: M/s. D.Patra, K.N.Parida, A.K.Mohapatra, R.K.Mohanty, N.C.Rout, S.Biswal, S.Lal advocates. |
| PRESENT : | ……… |
THE HON’BLE MR. JUSTICE D.DASH
------------------------------------------------------------------------------------------------------------ Date of hearing : 10.05.2016 : Date of judgment: 09.08.2016 _________________________________________________________________
This appeal has been directed against the judgment and
decree passed by the learned Additional District Judge, Bhadrak in Title Appeal No. 5/64 of 1983/87 confirming the judgment and decree passed by the learned Munsif, Balasore (as it was then) in O.S. No. 217 of 1978.
Issues for consideration
3 issues framed by the court
Whether the sale deed in respect of Kha schedule land was valid for the purpose of partition?
Whether the sale deed dated 21.12.1977 was inoperative due to prior disposal of the same land?
Whether the courts below erred in concluding the plaintiff was not entitled to partition of Kha schedule land?
Parties & counsel
- appellant
Pitamber Nayak
- respondent
Saunti Patra @ Mohapatra
Coram
D. Dash
Case details
As recorded by the court registry
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