MIR ABDUL HANAN Vs. GOLAM RAHAMAN KHAN

JUDGEMENT

(1.) THE Appellant as Plaintiff filed O.S No. 58 of 1968 -I in the Court of the then Learned Munsif, Balasore, inter alia praying for a declaration that the Plaintiff is the owner.& in possession of a portion of land more fully described in Schedule 'A' of the plaint & for further declaration that Defendant No. 1 had acquired no title & interest over the suit land & that the Plaintiff is not bound by the illegal orders passed by the Defendant -Tahasildar under the provisions of Orissa Estates Abolition Act & by the Municipal authorities, as well as for permanent injunction restraining Defendant No. 1 from interfering with the possession of the Plaintiff .& for other ancillary reliefs. The suit was decreed by judgment dated 25.1.1974. The said decree was assailed by Respondent Nos. 1 to 7 in the Court of the Learned District Judge, Balasore. The Lower Appellate Court by judgment dated 13.3.1987 allowed the appeal & set -aside the Judgment & decree passed by the Learned Munsif & dismissed the suit. Being aggrieved the Plaintiff has approached this Court.

(2.) THE facts of the case have been elaborately dealt with in the judgment passed by both the Courts below. Therefore only those facts which are necessary for effectual adjudication of this Second Appeal are stated herein below :

(3.) DEFENDANT No. 2 in his written statement took the stand that Defendant No. 1 had purchased Ac. 0.5 1/2 decimals out of Khata No. 332 by Registered Sale Deed dated 16.11.36 from Sk. Abdula Dayal & became the owner of the lands. Sk. Abdula further had received Rs. 25 towards 'salami' from Defendant No. 2 & granted permanent 'patta' for Ac.0.3 1/2 decimals out of the above plot on 15.4.1939. Since then the said Defendant possessing the suit lands to the knowledge of all concerned. It was further averred that by virtue of a compromise petition filed in O.S No. 35/1.933 -1 of the Court of the Learned Munsif, Balasore, a road of 5 cubits in breadth was allotted to him towards northern side of Plot No. 218 to approach the Municipal road which is in his possession since then. The Plaintiff, it is stated, purchased Ac.0.3 decimals of lands out of suit Plot No. 218 from him & he was given possession thereof. Thus the Defendant is in possession of A.O. 1/2 decimals of land. According to Defendant No. 2 he has been unnecessarily added as a party though there is no cause of action against him.