GOVERNMENT OF ORISSA Vs. DURGA CHARAN BALABANTARAY

JUDGEMENT

(1.) The State and its functionaries have preferred the present Second Appeal under section 100 of the Code of Civil Procedure challenging a confirming judgment passed by the learned Second Additional District judge, Berhamapur on 15.3.2004 as well as the decree drawn up in the said appeal being R.F.A. No. 30/10/2003/2003 -GDC by which the judgment and decree dated 18.4.2002 and 3.5.2002 respectively passed by the learned Civil Judge (Junior Division) in T.S. No. 31 of 2000 was confirmed.

(2.) The appeal has been admitted on two substantial questions of law framed during admission which are as follows:

(3.) The facts involved in this case are that the respondent filed T.S. No. 31 of 2000 as plaintiff seeking the following reliefs: