NARENDRA KUMAR JAIN 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 Revisions.

(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 2.000. 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 (vide 38 plots). 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.) IT is the admitted position on record that the outsiders defendants, i.e., the petitioners before this Court instituted separate suits in the following manner : i)Petitioner in CRP No. 389 of 2000 Title Suit No. 632 of 1998.ii)Petitioner in CRP No. 390 of 2000 Title Suit No. 633 of 1998.iii)Petitioners in CRP No. 393 of 2000 Title Suit No. 637 of 1998 andiv)Petitioners in CRP No. 394 of 2000 Title Suit No. 631 of 1998. The disputed suit property in such suits are corresponding to the self same property which is in dispute in the above noted Title Suits filed by the plaintiffs/opposite parties. In the aforesaid suits of the year 1998 plaintiffs in such suits (petitioners in the civil revisions) entered into compromise with Sansar Behera and accordingly decree was passed declaring right, title interest and possession in favour of the respective plaintiffs in each of the suits as per the decision of the Civil Court in Lok Adalat held on 20.9. 1998. It is also the admitted position on record that after such decrees petitioners have been mutated with respect to the respective land covered by the compromise decree and they are paying rents.