MANAS KUMAR PANDA Vs. SAKTI PADA SAHOO

JUDGEMENT

(1.) This Second Miscellaneous Appeal challenges the judgement and order dtd. 9/3/2017 passed by learned Additional District Judge, 1st Court, Contai in Misc. Appeal No. 20 of 2016, affirming thereby the final order passed by learned Civil Judge, Senior Division, 2nd Court, Contai in J. Misc. Case No. 4 of 2010, dismissing the prayer of the petitioner/appellant made therein.

(2.) Briefly stated, the respondent, Sakti Pada Sahoo filed a suit being Title Suit No. 44 of 1999 for declaration of title in respect of the suit property coupled with declaration that solenama decree passed in Title Suit No. 223 of 1997 by learned 1st Court of Civil Judge, Senior Division, Paschim Medinipur on 1/12/1997 vitiated by fraud and misrepresentation, recovery of possession, permanent injunction, mesne profit etc. against 13 persons including Pranotosh Mahapatra (under whom the appellants are claiming title). It is contended that Sakti Pada Sahoo was inducted as tenant in respect of part of the property comprising within plot no. 216 having an area of 48 decimal of land, jointly owned by defendant no. 1 and defendant no. 13. Subsequently, the defendant no. 1 sold and transferred 4/1/3 decimal of land out of the said plot no. 216 to the plaintiff and thus said Sakti Pada Sahoo became co-owner of the plot no. 216. But without impleading him, a suit for partition being Title Suit No. 223 of 1997 was disposed of on the basis of solenama entered into by and between the parties of the suit.

(3.) The suit filed by Sakti Pada Sahoo, the respondent herein, however, was not contested by any of the defendants and learned Trial Court on 10/2/2003 vide order no. 28 was pleased to pass ex parte decree, declaring right title interest of the plaintiff in respect of suit property and it was further declared that plaintiff is not bound by the judgement pronounced in Title Suit No. 223 of 1997 and was also entitled to recovery of possession.