RAGHUNATH TRIPATHY Vs. DIBAKAR TRIPATHY

JUDGEMENT

(1.) This civil revision has been preferred by defendant No. 1 against an order rejecting his application under Order 41, Rule 27, C.P.C.

(2.) Opposite party No. 1 as plaintiff brought Title Suit No. 59 of 1971 in the court of the Munsif, Kendrapara for a declaration of his right of way over plot No. 56 for going into and coming out of his homestead plot No. 44, for a permanent injunction restraining defendants 1 and 2 'from obstructing the plaintiff's right of way and for a mandatory injunction commanding defendant No. 1 to demolish the constructions raised by him on a portion of the suit land.

(3.) The stand taken by the petitioner was that he along with his co-sharers had taken lease of 0.03 acre of land out of the suit plot from the ex-landlord in the name of defendant No. 2 Daitari Tripathy who was then karta o'f the family. After family partition in the year 1948 the said 0.03 acre of land fell to the share of defendant No. 2 Daitari Tripathy and one Sara Dibya. Subsequently one Suma Dei, the daughter of Sara Dibya sold the share of her mother to defendant No. 6 Padmalav Tripathy who is the son o'f defendant No. 2. It was alleged that though the said 0.03 acre of land fell to the share of defendant No. 2 and Sara Dibya the petitioner was in possession of the same and subsequently he purchased the same by a registered sale deed dated 27-9-75.