TRINATH THAKUR Vs. BUDHI PANI

JUDGEMENT

(1.) DEFENDANTS 1, 2 and 4 are the legal heirs of deceased -defendants 3 and 5 and are the appellants before this Court against a confirming judgment. Respondent No. 1 who is the plaintiff filed suit for declaration of his right, title and interest over the suit land and for confirmation of possession. Plaintiff -respondent No. 1 also prayed for declaration that the defendants have absolutely no manner of right, title and interest over the suit land and also prayed for permanent injunction.

(2.) CASE of the plaintiff -respondents is that the suit properties originally stood recorded in the name of one Bhagat Dalai who had right of occupancy over the same. Said Bhagat Dalai had only one son namely Biswanath Dalai. After death of Bhagat Dalai his son Biswanath remained in exclusive possession of the suit properties. Biswanath was succeeded by his two sons namely Jagannath Dalai and Bhagaban Dalai. The aforesaid two brothers remained joint till their death and accordingly remained in joint possession of the suit properties. In order to meet family necessity both the brothers sold away the disputed properties comprising Ac. 0.06 decimals to one Kasinath Pani (defendant No. 12) under a registered sale -deed dated 8.8.73. After execution of the said sale -deed possession of the land was handed over to the defendant No. 12 who remained in exclusive possession thereof. Defendant No. 12 again due to necessity of funds sold Ac. 0.03 decimals of land out of the total area of Ac. 0.06 decimals in favour the plaintiff -respondent No 1 under a registered sale deed on 29.12.75 on payment of consideration amount of Rs. 1000/ - and after execution of the sale -deed, possession was delivered to the plaintiff -respondent No. 1. The portion of the land sold to the plaintiff is on the eastern side of the plot. The plaintiff remained in peaceful possession of the purchased land. Defendants 2 to 6 created unnecessary trouble in the locality and fraudulently obtained sale -deed in respect of 1 -1/2 decimals of land from out of the suit plot from defendants 7 to 11 who had absolutely no manner of right, title, interest or possession over the same. Since on the basis of fraudulent sale -deed defendants 2 to 6 threatened to disposes the plaintiff, he filed the suit.

(3.) ON the basis of such pleading trial Court framed as many as seven issues and decreed the suit declaring title of the property in favour of the plaintiff and confirmed his possession over the same. Trial Court also declared that the contesting defendants had no manner of right, title and interest or possession over the suit land accordingly allowed the prayer for permanent injunction. The appeal filed by the contesting defendants before the Second Addl. District Judge, Puri having been dismissed the present appeal has been filed.