GADADHAR MOHAPATRA Vs. PUNA BEWA

JUDGEMENT

(1.) DEFENDANTS 1 and 2 are the appellants against a confirming judgment of the learned Subordinate Judge, Bhubaneswar, in a suit for ejectment of defendants 1 and 2 from the disputed property.

(2.) DEFENDANT No. 3 deity is the admitted owner of the suit land which is 6 decimals in extent and appertains to plot No. 1505. The father-in-law of plaintiff No. 1 was possessing the said land as a Sevak of defendant No. 3 and upon his death plaintiff No. 1's husband enjoyed it in lieu of seba-puja, and after his death about 6 years prior to the suit plaintiff No. 1 came to manage the seba-puja. The actual seba was being done through her son-in-law plaintiff No. 2 and they were in possession of the property. In the year 1959 defendants 1 and 2 who are father and son encroached upon half a decimal out of the disputed land by constructing a cowshed and in course of time they encroached over a further area of 2 decimals. That gave rise to the suit.