NILADRINATH MOHANTY Vs. ASHOK KUMAR MOHANTY

JUDGEMENT

(1.) Plaintiff is the appellant before this Court against a reversing judgment.

(2.) The suit was filed for permanent injunction restraining the defendants= respondents from interfering with.the peaceful possession of the plaintiff in respect of the suit properties described in the schedule attached to the plaint.

(3.) The case of the plaintiff is that the suit properties are self acquired properties received by him under two deeds namely, registered gift deed dated 14-7-1976 and registered sale deed dated 5-1-1978. According to the plaintiff-appellant, he is in peaceful possession of the suit properties received by him under the aforesaid two deeds and the suit properties have been recorded in his name in the R. O. R. and he is paying rent for the same. Defendant No.1 is the eldest son of the plaintiff staying separately. The further allegation of the plaintiff is that the defendant No.1 is pulling on well with the other defendants and on 20th December, 1981 they attempted to trespass into the suit properties and interfere with the peaceful possession of the plaintiff. On the above allegations, the suit was filed for permanent injunction.