MADHUKAR DEU RAUT Vs. RAMABAI SOMA RAUT

JUDGEMENT

(1.) This second appeal is filed by the original plaintiff who sued for injunction to protect his possession in the suit property. There has been concurrent findings of possession of the plaintiff. In this Second Appeal the appellants/original defendants contend that title of the plaintiff is perversely considered.

(2.) Three substantial questions of law have been framed as follows:

(3.) The plaintiff sued for injunction in respect of the property "Panas Katumban" in village Sal bearing survey no. 192/26. This, therefore, is the suit property. The plaintiff averred that it consists of house, store house and certain surrounding trees. It is the plaintiff's claim that he was the exclusive owner in possession and enjoyment of it since the last more than 50 years through his deceased father. This averment in paragraph 4 of the plaint is material. The plaintiff claims not only ownership, but also possession. The possession and ownership were claimed through his deceased father. This possession and ownership were claimed for 50 years.