DILLIP KUMAR SAHOO Vs. MALATI ROUT

JUDGEMENT

(1.) THIS second appeal is directed against the judgment and decree dated 7.4.2010 passed by the learned Adhoc Additional District Judge, F.T.C.No.3, Bhubaneswar dismissing R.F.A. No.19/22 of 2006/2003 and confirming the judgment and decree dated 21.4.2003 passed by the Civil Judge (Senior Division), Bhubaneswar in T.S. No.258 of 1990 by which the suit was decreed. Appellant was defendant no.1, respondent nos.1 to 3 were the plaintiffs and respondent no.4 was defendant no.2 in the suit. Respondent no.5 was impleaded in this appeal on consent of the parties on the basis of claim as a lis pendent purchaser.

(2.) IN the suit, plaintiffs sought for the following reliefs:

(3.) PLAINTIFF nos.2 and 3 as well as defendant no.2 are sons of plaintiff no.1, wife of late Ram Chandra Rout who died in the year 1985 leaving behind the plaintiffs and defendant no.2 as his legal heirs. The suit land appertains to an area of Ac.0.90 decimals of land out of suit plot measuring Ac.4.075 decimals in total recorded under Hal Khata no.611/10 of mouza Chandrasekharpur (Ext.A). The suit plot was originally ex-intermediary property of Madhusudan Dev who inducted late Ram Chandra Rout as an occupancy raiyat thereof in the year 1942-43. Subsequently, the estate was purchased by Raja of Kanika but late Ram Chandra Rout continued to be in possession of the suit plot on payment of rent to Raja of Kanika and, thereafter, in the Anchal office upon abolition of estate. In 1973 settlement, suit plot was recorded in the name of Government of Orissa. During 1988 settlement operation plaintiffs and defendant no.2 took steps to get their names recorded but failed and suit plot was recorded in the name of G.A. Department. However, suit plot was recorded in the names of plaintiff nos.2 and 3 and defendant no.2 on the strength of order passed by the Commissioner of Land Records in Revision Case No.398 of 1989 under Ext.A, the R.O.R. These facts are not in dispute.