PADARTHA AMAT Vs. SIBA SAHU

JUDGEMENT

(1.) This Civil Revision arises out of a judgement under S. 6 of the Specific Relief Act.

(2.) Plaintiff filed the suit claiming that 'A' Schedule property was under ownership and possession of one Purna Chandra Bhukta of village Maheswarpinda who had sold sale deed for a consideration of Rs. 200/- and delivered possession thereof. While he was possessing the same after purchase by raising crops, defendants forcibly dispossessed him on 11-6-1983 and sowed paddy on it. Plaintiff's protest remained unheaded and defendants threatened to assault him. Plaintiff applied for mutation on 23-4-1988 but the same has been refused. Accordingly, being dispossessed within six months, the suit is filed for recovery of possession.

(3.) Defendants in their joint written statement stated that suit land was in possession of Purna Chandra Bhukta. However, the same was not sold to the plaintiff by Purna. They denied assertion of possession by plaintiff since 1969. They claimed to be in possession of the suit land six years prior to 1988 when it was lying vacant as Government land. Mutation is also claimed to have rightly been refused.