SUBUDHI PADHAN Vs. RAGHU BHUVAN

JUDGEMENT

(1.) THIS is an appeal by the sole plaintiff against the judgment of the learned additional District Judge of Ganjam dismissing his suit.

(2.) THE facts giving rise to the present appeal are these: Plaintiff commenced an action for ejectment of the defendant from the disputed house situated at village sandhamara. According to the plaintiff the suit-house constituted his ancestral property and that at a family partition in 1949, one third share therein was allotted to him, and the remaining two-thirds share was allotted to his two uncles, arjun and Kandha. Plaintiff purchased the share of his two uncles on 19-12-1950 under two sale deeds Exts. 1 and 2. Thus, he became the sole owner of the entire property. The defendant who is the son-in-law of a sister of the plaintiff's uncle, arjun Padhan is said to have occupied the back portion of the house in February 1947, with the permission of Arjun who was at the time manager of the plaintiff's family. After the acquisition of the right of the entire house, the plaintiff asked the defendant to vacate the portion occupied by him but the defendant instead of vacating the back portion which was in his occupation in December 1950, took forcible possession of the front portion and denied plaintiff's title. Accordingly, the plaintiff was constrained to file the suit.

(3.) THE defendant denied the plaint allegations and contended that it was he who had built the house in dispute about thirty years ago on the suit-site which was his ancestral property and he was throughout in possession thereof in his own right.