PARIKHIT BAKSI Vs. UKIS SINGH BAKSI

JUDGEMENT

(1.) The defendants have challenged the judgment and decree passed by the Courts below in a suit for permanent Injunction and alternatively for declaration of title and recovery of possession of the suit: land. The plaintiff claimed to have purchased the-suit land from out of his own earnings when it was sold in auction sate by the Boudh Ex-Darbar Government and since then he has been in cultivating possession and enjoyment of the same and paying rental thereof to the authorities. After merger, he used to pay the rent to the State Government. But however, these rent receipts were stolen by some unknown persons during his service period. The defendants having no right, title and interest over the suit land, created disturbance. Therefore, the plaintiff filed the suit for the aforesaid relief.

(2.) The defendants claimed that the suit land belonged to the joint family, since it was purchased in the name of the plaintiff out of their joint family income.

(3.) The trial Court relying on the evidence placed on record, held that it was not the joint family property but acquired out of the separate funds by the plaintiff. Accordingly his suit was decreed. Being dissatisfied and aggrieved by the judgment and decree the defendants filed the appeal before the learned Additional Subordinate Judge. Phulbani in Title Appeal No. 18 of 1980 in which the learned appellate Court also confirmed the judgment and decree passed by the learned trial Court. Therefore, the defendants have filed the present appeal.