LAWS(ORI)-2001-3-30

PADMALOCHAN HOTA Vs. HARICHARAN SINGH

Decided On March 29, 2001
Padmalochan Hota Appellant
V/S
Haricharan Singh Respondents

JUDGEMENT

(1.) PLAINTIFF is the appellant against a confirming decision in a suit for declaration of title and for recovery of possession. The plaintiff's case is as follows : - - The plaintiff had purchased Ac.0.10 decimals of land appertaining to Plot No. 457, Khata No. 94 in mouza Mahulpali by a registered sale deed dated 30 -12 -1964. Even though, the plaintiff had purchased Ac.0.10 decimals, Ac.0.12 1/2 decimals of land had been settled and the plaintiff remained in possession of the same. The plaintiff had sold a portion of the land. On the eastern side of the land a pucca house was constructed and on the western -northern side a tin shed was raised. In the year 1966 defendant No. 1 had encroached upon Ac.0.2 1/2 decimals of land on the southern side of the tin shed taking advantage of the temporary absence of the plaintiff. Hence, the suit.

(2.) THE defendant in the written statement while denying the allegations made in the plaint claimed that he had purchased the house standing on Plot Nos. 452 and 457 from Kartar Singh who, in turn, had purchased Ac.0.10 decimals of land by oral sale from Brundaban Panda, who had purchased the same from Gopal Dwibedi.

(3.) IN appeal, the said decision having been confirmed, the present second appeal has been filed.