PREMA MANJARI PATTNAIK Vs. RATNAMANI KAR

JUDGEMENT

(1.) THE sole defendant in Title Suit No. 49 of 1990 of the Court of Civil Judge (Junior Division), Dhenkanal is the appellant in this appeal after having suffered a decree of eviction passed by the trial Court as well as the appellate Court.

(2.) THE plaintiff filed the suit for demarcation of the suit land measuring 24 decimals out of 91 decimals in Hal Plot No. 176 of Khata No. 229 of Mouza Mahinsapat described in the 'A Schedule of the plaint, recovery of possession and for declaration of her right, title and interest in respect thereof.

(3.) THE appellants case in the trial Court was that she is the owner in possession of Sabik Plot No. 15/1941 corresponding to Hal Plot No. 188 which situates to the adjoining west of the suit land. She had purchased that land under a registered Sale deed bearing No. 3094 dated 6.5.1988 from one Rebati Dei and has constructed her residential house thereon. It is further stated that at the time of her purchase, the appellants vendor was in possession of the said land and accordingly delivery of possession of the same was given to her. Since then she has been continuing in possession peacefully without resistance from any other quarter. She also claimed that she had various fruit bearing trees and dug a well on the suit land.