PANCHU PRADHAN Vs. RAMACHANDRA SETHI

JUDGEMENT

(1.) DEFENDANT No. 2 is the appellant before this Court against a confirming judgment.

(2.) RESPONDENTS 1 to 4 filed a suit for permanent injunction. The suit was compromised as against defendants 1 and 3 and allowed: on contest against the defendant No. 2. The appeal preferred by the defendant No. 2 before the Additional Suborlinate Judge, Puri having been dismissed, the present appeal has been filed.

(3.) DEFENDANTS 1 to 3 compromised the dispute with the plaintiffs and only defendant No. 2 contested the suit and filed a written statement. The case of the defendant No. 2 is that Halu Sethi was never in possession of 4 decimals of land out of 8 decimals from plot No. 469 as described in Schedule A. He purchased the said portion from the defendant No. 1 on 13.9.1972 under a registered sale deed and took possession thereof. After taking possession he has installed deity Laxminarayan Jew by constructing a temple over the same. The further plea of the defendant No. 2 is that he has also perfected his title by adverse possession and since the plaintiffs have filed the suit only praying for permanent injunction without praying for declaration of title and for cancellation of sale deed dated 13.9.1972, the suit is not maintainable. The claim of possession by the plaintiffs was also denied in the written statement.