Babaji Charan Sahu vs Netrananda Sahu And Ors. on 17 August, 1978
5. There are three decisions of this Court relevant to the point. The first one is the case of Chadhai Behera v. Parbati, (1962) 28 Cut LT 433, where
Misra, J. as the learned Judge then was approved the dictum laid down by a Division Bench of the Patna High Court in the case of Bhairab Chandra Rai v. Sat Narain Sarkar, AIR 1953 Pat 342 and observed :--