BALAKRISHNA SAHU Vs. RADHA GOBIND DAS

JUDGEMENT

(1.) DEFENDANT 1 is the appellant. The appeal arises out of a suit for declaration of plaintiffs' title to the suit land containing a house, for recovery of arrears of rent of rs. 190/-for a period of one year and seven months, at the rate of Rs. 10/- a month, and for eviction of defendant 1 from the suit house.

(2.) THE disputed land relates to a part of plot No. 159 appertaining to khata No. 66 and a part of plot No. 160 appertaining to tohata No. 59. Both these plots lie in mouza Suasuni in the district of Balasore. With regard to the plaintiffs' title to part of plot No. 159. they trace it in the following manner. This plot originally belonged to Kandarpa Patra and Kartik Patra whose total area was four decimals. The original owners sold two decimals to one ambika and two decimals to one Haradwar. Ambika in his turn sold one decimal to iswar Ohandra Pal and Iswar Chandra Pal sold that to the plaintiffs. Hardwar the second purchaser of two decimals from the original owner sold it to Raghubir and raghubir sold his share to the plaintiffs. Thus the plaintiffs acquired three decimals out of the total area of four decimals comprised in plot No. 159. With regard to plot No. 160, it originally belonged to Bihari Patra and others, The total area of this plot is six decimals. Bihari sold three decimals to Hardwar and three decimals to Ambika. Hard-war sold his three decimals to Raghubir, avid the latter sold it to the plaintiffs under Ext. 6. Ambika sold 1. 1/2 decimals to Iswar chandra Pal under Ext. 5, and Iswar sold the same to the plaintiffs under Ext. 7. Thus, the plaintiffs acquired 0. 4 1/2 decimals in plot No. 160 out of its total area of six decimals.

(3.) THE plaintiff's case is that the land purchased by them which appertains to plot no. 160 contained a residential house. The defendant was inducted as a tenant in respect thereof by Iswar Chandra Pal. the plaintiffs' vendor and after transfer of the land to the plaintiffs, the defendant continued as a tenant under the plaintiffs over 0. 2 1/2 decimals of plot No. 160. Under the agreement of tenancy with Iswar chandra Pal the defendant was to pay Rs. 10/- per month as rent for the house. This, in short, is the plaintiffs', case for the aforesaid reliefs.