KUNTALA SAMANTASINGHAR Vs. STATE OF ODISHA

JUDGEMENT

(1.) The unsuccessful plaintiffs have filed this appeal under section 100 of the Code of Civil Procedure (for short, 'the Code') in assailing the judgment and decree passed by the learned 3rd Additional District Judge, Puri in RFA No.44/24 of 2013/2011 confirming the judgment and decree passed by the learned Civil Judge (Junior Division) in T.S. No.187 of 1999.

(2.) For the sake of convenience and clarity; the parties hereinafter have been referred to in the same rank as assigned to them in the original suit, namely, the appellants as the plaintiff whereas the respondents as the defendants.

(3.) The plaintiffs case, in short, is that they are the legal heirs and successors of one Duryodhan Samantasinghar, who died on 01.05.1985. Said Duryodhan was serving under the Odisha State Electricity Board at Puri. It is stated that he, in the year, 1940 had entered upon the suit land which was then lying fallow and standing recorded under Anabadi status. In or around the year 1948-49 said Duryodhan raised structures over the suit land and constructing residential house resided there with this family members.