ANAND CHANDRA PANDE Vs. KISHORE MOHAN TRIPATHY

JUDGEMENT

(1.) Aggrieved of the judgment and decree dated 17-11-2000 passed in A.S. No. 42 of 1996 by the learned Senior Civil Judge, Sompeta, confirming the judgment and decree dated 11-7-1996 passed in O.S. No. 131 of 1984 by the learned Junior Civil Judge, Palasa, the unsuccessful defendants preferred this Second Appeal.

(2.) The respondent herein filed the suit for; perpetual injunction. The case of the respondent-plaintiff is that he is the exclusive owner of the property to an extent of Ac. 1.85 cents in Sy. No. 233 admeasuring Ac. 8.35 cents and joint patta was issued in the name of one Nityananda Panda, father of plaintiff instead of his name and pattedar pass book was issued in his name. Subsequently, he made an application on 11-8-1983 to taluk office by paying the requisite amount for sub-division of entire land and for issuance of separate patta in his name., but though no action was taken he continued to enjoy the property in his own right. While so, the defendants who are sons of one Lokanadha Panda, natural brother of plaintiff, without any manner of rights are threatening to interfere with the plaintiff's possession. Therefore, the plaintiff filed the above suit.

(3.) The case of defendants, put forth in the written statement is that the suit property is the absolute property of Lokanadha Panda and after his demise, his widow and the defendants, who are his sons, are in possession and enjoyment of the suit schedule land. It is averred that the Sy. No. 233 was sub-divided and the suit land is covered in Sy. No. 233/2, patta No. 929 but not patta No. 114. The Tahasildar, on an application of the first defendant to incorporate their name in respect of the suit land, passed orders in PIR No. 10 of 1992 TS dated 26-5-1983 subdividing the land and separate pattedar pass books were issued to the defendants. It is averred that the suit property is in their possession from the time of their predecessor and they have been paying the land revenue.