KARUNAKAR RONA Vs. GANAPATI SWAIN

JUDGEMENT

(1.) THE Defendant is the Appellant against the reversing decision of the learned Subordinate Judge, Aska. The Plaintiff sued for title, possession and mesne profits which were: in deposit in the criminal Court in a proceeding under Section 145, Code of Criminal Procedure.

(2.) THE Plaintiff claimed acquisition of title under Ext. 1, a sale deed dated 1 -5 -1965 and contended that the Defendant was entrusted to look after the cultivation. The proceeding under Section 145, Code of Criminal Procedure terminated on 30 -12.1965 and the suit was instituted on 12.2 -196 -6.

(3.) THE trial Court under Issue No. 2 found the title of the Plaintiff and under Issue No. 3 relating to jurisdiction of the Civil Court found that the suit was not maintainable in regard to the relief of possession. He accordingly, while decreeing the title of the Plaintiff, dismissed the suit so far as relief of recovery of possession was concerned.