RAJESH KUMAR AGARWAL Vs. SATYABHAMA BEHERA

JUDGEMENT

(1.) THIS Second Appeal has been filed challenging the Judgment dtd. 20.10.2012 passed by the learned Second Additional District Judge, Cuttack in R.F.A. No.83 of 2011 dismissing the First Appeal of the Appellant and confirming Judgment and decree of the Learned Civil Judge (Senior Division), 1st Court, Cuttack dtd 22.11.2010 and 08.12.2010 respectively passed in Civil Suit No.571 of 2006.

(2.) THE substantial question of law are to be considered in this appeal are as follows:

(3.) ADMITTEDLY Defendant No.2 is the recorded owner in respect of Plot No.440 measuring an area of AC.0.034 decimals of land situated in Mouza -Tulasipur south in the district and town of Cuttack, Unit No.8. The plea of the Plaintiff is that a part area of the said plot with specific boundary as per the scheduled mentioned in the plaint and as per the sketch map attached to the sale deed measuring an area of AC.0.011 decimals is the disputed property in the suit. The recorded owner has sold the entire AC.0.034 decimals to different purchasers, including one Chandra Sekhar Mohapatra, S/o Gopinath Mohapatra of Kanika Road and his daughter Suprama Mishra. After death of Chandra Sekhar Mohapatra his daughter Suprama was initially impleaded as Defendant No.3 and subsequently her name was deleted. The land purchased by Chandra Sekhar Mohapatra and his daughter Suprama Mishra is AC.0.017 decimals and they for their legal necessities sold AC.0.011 decimals along with other undisputed Ac. 0.059 decimals from other plot to the Plaintiff by virtue of Registered Sale Deed as state above. While matter stood thus out of the suit land Defendant No.2 sold Ac.0.008 decimals to Defendant No.1 even through she has no saleable right at the time of execution of the said Sale Deed on 11.8.2000.