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Report No. 86

7.40. Orissa view.-

According to the Orissa view,1 it is the market value as ruling on the date of suit that governs the matter. This also seems to be the view taken,2 though impliedly, in Nagpur. The point was not specifically in issue, the competition being between purchase price and market price on the date of suit.

1. Bhikari Behera v. Dharmananda Natia, AIR 1963 Ori 40 (41), para. 6.

2. Sumitra v. Dhannu, AIR 1952 Nag 193 (195, 196), paras. 13-14.

The Partition Act, 1893 Back

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