AJAYA KUMAR JENA Vs. BHIKARI CHANDRA NAIK

JUDGEMENT

(1.) The present appeal by the legal heirs of the unsuccessful Defendant No.2 in Title Suit No.46 of 1997 is directed against the judgment dtd. 12/12/1995 passed by the learned Single Judge of this Court in FAO No.283 of 1979. By the said impugned judgment, the learned Single Judge allowed the appeal in part only in relation to the value of the property sold by the Defendant No. 1 to Defendant No. 2. It was held the Plaintiff (Respondents herein) would be required to pay Rs.4211.00 for getting back the property in accordance with the direction contained in the judgment of dtd. 27/10/1979 passed by the learned Subordinate Judge, Jajpur (hereafter 'the trial Court'). In effect, the judgment of the trial Court partly decreeing the Title Suit No.46 of 1997 was affirmed subject to the above modification.

(2.) The background facts are that the predecessor-in-interest of Respondent Nos.1(a) to 1(d) (Plaintiffs) instituted T.S. No.46 of 1977 in the trial Court against the predecessor-in-interest in the present Appellants praying for the following reliefs:

(3.) On completion of pleadings, the following issues were framed by the trial Court: