LAWS(ORI)-2022-6-94

KANHU MALLIK Vs. TRILOCHAN MUKHI

Decided On June 20, 2022
Kanhu Mallik Appellant
V/S
Trilochan Mukhi Respondents

JUDGEMENT

(1.) The Appellants, by filing this Appeal under Sec. - 100 of the Code of Civil Procedure (for short, 'the Code') have assailed the judgment and decree dtd. 9/12/1996 and 20/12/1996 respectively passed by the learned Additional District Judge, Bhubaneswar in Title Appeal No.27 of 1990. By the same, the Appeal filed by the present Appellants (Defendants) under Sec. -96 of the Code has been dismissed and the judgment and decree dtd. 25/6/1990 and 7/7/1990 respectively passed by the learned Munsif, Bhubaneswar in Title Suit No.215 of 1988-I decreeing the suit filed by the Respondent, as the Plaintiff, in restraining the Appellants (Defendants) from entering upon the suit land and disturbing the peaceful possession of the (Respondent) Plaintiff over it having been confirmed; further direction issued to the Appellants (Defendants) to pay a sum of Rs.300.00 to the Respondent (Plaintiff) as damage has also not been interfered with.

(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 Suit.

(3.) The Plaintiff's case is that he is the owner in possession of the suit land and has been paying the land revenue. It is stated that he has constructed a cowshed over the suit land since long and in the last settlement operation, he has also received Parcha. It is his case that in the Consolidation Operation, the record of right has been finally published in his made and he had planted one Palm tree, one Mango tree, one Achhu tree as also had grown up two bamboo clamps over a portion of the suit land. It is alleged that the Defendants having failed to purchase the property form the Plaintiff in order to grab the suit land, on 12/6/1988 despite protest had cut and removed the Achhu tree standing over the suit land of the value of Rs.800.00 In view of the above, the suit has come to be filed seeking the decree for permanent injunction and recovery of damage from the Defendants.