BHAGABAN KAR Vs. BHIMSEN KAR

JUDGEMENT

(1.) The Appellants, by filing this Appeal under Sec. -100 of the Code of Civil Procedure, 1908 (for short, 'the Code'), have assailed the judgment and decree dtd. 22/12/1990 and 7/1/1991 respectively passed by the learned Subordindate Judge, Athagarh in Title Appeal No.1 of 1988. By the same, the Appeal filed by the present Appellants being aggrieved Defendants under Sec. 96 of the Code, has been dismissed and thereby the judgment and decree dtd. 28/11/1987 and 23/12/1987 respectively passed by the learned Additional Munsif, Baramba in Title Suit No.10 of 1982 declaring the right, title, interest and possession of the Plaintiffs have been declared injuncting the Defendants permanently from interfering with the possession of the Plaintiff, have been confirmed. It may be stated here that during pendency of this Appeal, the Appellant No.1, having died, his legal representatives, being substituted, are on record. So also, the Respondent No.1, since has expired, his legal representatives, have been brought on record.

(2.) For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to, as they have been arraigned in the Trial Court.

(3.) The Plaintiff's case is that his father was in possession of the suit land prior to 1959 and sometime in the year 1959, the Plaintiff acquired the suit land being so leased out by the State. It is further stated that the Plaintiff and his father planted fruit bearing trees over the suit land and when the Defendants trespassed over the suit land, a criminal case vide ICC No.28 of 1979 was so instituted. The said case ended in acquittal with a finding that the dispute is of civil nature. In the said criminal trial, the Defendants had taken a plea that they have been leased out a portion of the suit land. So, the present suit has come to be filed.