SUKADEVA NAIK Vs. BHAGABAT SAHU

JUDGEMENT

(1.) DURING the course of hearing under Order 41, Rule 11 Civil Procedure Code (hereinafter referred to as "C.P.C .") learned counsel for the appellant places the judgments of the courts below where the facts and the evidence has not only been noted but also discussed for giving a concurrent finding in allowing the plaintiff's suit declaring his right over 8 decimals of land which was in dispute the Title Suit No. 126 of 1992 of the Court of Civil Judge (Junior Division) Second Court, Cuttack and Title Appeal No. 143 of 1995 of the Court of 1st Additional Civil Judge (Senior Division) Cuttack. After hearing learned counsel for the appellant at length this Court carries the feeling that the appellant wants to re -agitate the issues virtually on factual aspect. For the reasons indicated below, this Court does not find existence of substantial question of law involved in this appeal and therefore the appeal is not admitted.

(2.) DEFENDANT is the appellant before this Court.

(3.) DEFENDANT filed the written statement, inter alia, contending that the whole 12 decimals of land of plot No. 3395 was the 'Rayati' land under Sebik Plot No. 2759 belonging to Bira Mohapatra and his co -sharers and that, while rendering service under said Bira Mohapatra his (defendant's) father was permitted to construct a house and to remain in possession of the entire 12 decimals of land about 50 years back. In view of that the defendant made application for settlement of that land in his favour under Section 10 of the L. R. Act and the Tahasildar -cum -Revenue Officer only settled four decimals of land.