GOURAHARI DAS Vs. GAVI DIBYA

JUDGEMENT

(1.) The Appellants, by filing this Appeal, under sec. 100 of the Code of Civil Procedure (for short, 'the Code') seeks to assail the judgment and decree dtd. 24/12/2004 and 11/1/2005 respectively passed by the learned Additional District Judge, Kendrapara in RFA No.27 of 2000.

(2.) For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to, as they have been arraigned in the Trial Court.

(3.) The Plaintiffs case is that one Kelei @ Kinu Das, husband of Kanchan Dibya, the Defendant No. 3 was the original recorded tenant in respect of Ac.0.10 decimals of land under plot No. 2194 appertaining to khata No. 437 in Mouza-Manikapatna. He transferred an area Ac.0.04 dec. from the northern portion of the above plot in favour of Defendant Nos. 1 and 2 and rest Ac.0.06 dec. to the southern side with the house standing thereon remained his possession. It is stated that after the death of Kinu, his wife Kanchan having succeded to his property became the absolute owner and remained in possession of that Ac.0.06 dec. of land with the house standing thereon. On 8/12/76 Kanchan Dibya, Defendant No. 3 sold the land with the house to the Plaintiffs for consideration of Rs.1000.00 by executing the sale deed which was duly registered and gave delivery of possession of the same to them. Plaintiffs thus continued to possess the said land, when Defendant Nos. 1 and 2 remained in possession of Ac.0.004 dec. out of the said plot. It is stated that Defendant Nos. 1 and 2 created disturbance in the enjoyment and possession of the purchase property by the Plaintiffs. So request was made for partition by way of demarcation to put an end to the dispute permanently. That being declined, the suit was filed.