RAJKISHORE AGARWAL Vs. BASUDEV BEHERA

JUDGEMENT

(1.) The above noted four Civil Revisions though not noted in the order-sheets, were heard analogously and are disposed of by this common judgment which shall abide the result in each of the Civil Revision.

(2.) Opposite party members are the plaintiffs in Title Suit Nos. 23, 22, 24 and 25, all of 2000 and petitioners in the above noted civil revisions are the respective defendants. In such suits the father and other brothers of the plaintiffs also figured as defendants. All the aforesaid suits were instituted and are pending in the Court of Civil Judge (Sr. Division), Angul.Land vide plot No. 4724 of Khata No. 814 in Mouza Turang measuring a total area of Ac. 0.28 decimals is the subject matter of dispute in Title Suit Nos. 23 and 22 of 2000. In title Suit No. 23 of 2000 the extent of the disputed area is Ac. 0.08 decimals whereas the remaining 20 decimals is the disputed area in Title Suit No. 22 of 2000. Land in plot No. 4725 of Khata No. 521 in Mouza Turang measuring a total area of Ac. 0.07 decimals is the disputed plot. An area of Ac. 0.05 decimals, i.e., Ac. 0.02 and 1/2 decimals each is the disputed area in Title Suit Nos. 24 and 25 of 2000. Khata No. 814 has been recorded in the name of the father of the plaintiffs measuring a total area of Ac. 6.63 decimals. All such land have been recorded as agricultural land. Khata No. 521 with respect to plot No. 4725 has been recorded in the name of one Banchhanidhi Das with note of forcible possession in the name of Sansar Behera (father of the plaintiffs).

(3.) So far as plot No. 4724 of Khata No. 814 is concerned, plaintiffs have claimed that to be the joint family property in the family of Sansara Behera. With respect to plot No. 4725 of Khata No. 521 plaintiffs have stated that, that land was acquired by their father in exchange of a portion of the ancestral property and notwithstanding the note of forcible possession in the R.O.R. that was a part and parcel of the joint family property in the family of Sansar Behera.