UJALI PADHANI Vs. RUSHI PATRA AND ORS.

JUDGEMENT

(1.) THIS appeal is by the Plaintiff. It arises out of a suit for declaration of her right, title and interest over the suit -land, and for recovery of the same through Court. The suit was decreed in the trial Court, but was reversed in the lower Appellate Court.

(2.) THE suit -land is 0. 26 decimals in extent comprising of 0. 20 decimals in plot No. 51 and 0. 6 decimals in plot No. 57 both appertaining to holding No. 22. This property admittedly was owned and possessed by the Plaintiff's father, Madhusudan Mundali. The Plaintiff is his daughter. After his death, the Plaintiff inherited the suit -property and possessed the same. In course of her possession, she inducted one Dibakar Mundali to cultivate the same on her behalf. The Defendants claimed the Suit property on the basis of two sale -deeds, Exts. C find E which led to initiation of a proceeding under Section 145 Code of Criminal Procedure. That proceeding terminated in favour of the Defendants necessitating filing of the present suit.

(3.) THE trial Court held that even though Exts. C & E are genuine documents, they were not acted upon, and consequently title never passed to Defendant -1, and that the Plaintiff was in possession of the suit, land till the final order in the 145 proceeding, and decreed the suit.