ASHOK KUMAR MITRA Vs. KAILASH CHANDRA BEHERA

JUDGEMENT

(1.) Since both the above noted Appeals arise out of final decision recorded in T.S. No.267 of 1991 in the Court of the learned Civil Judge, Junior Division, 1st Court, Cuttack; those had been heard together and this common judgment is passed.

(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.) It would be appropriate at this stage to mention that in the suit, the Defendants had filed a counter claim with a prayer to pass a decree of eviction of the Plaintiff from the southern portion of the suit property better shown in the sketch map so provided in the pleading. The Trial Court decreed the suit and thereby the Defendants were permanently restrained to evict the Plaintiff and his family members from the suit premises without taking recourse to law. The counter claim of the Defendants for eviction of the Plaintiff, was, however, dismissed.