PARAMANANDA BHOSAGAR Vs. THABIR SAHU

JUDGEMENT

(1.) Instant appeal under Sec. 100 of the Code of Civil Procedure, 1908 is at the behest of the appellants challenging the correctness, illegality and judicial propriety of the impugned judgment and decree dtd. 28/8/2004 promulgated in Title Appeal No. 54/31 of 1999-03 by the learned Additional District Judge (FT), Bargarh whereby the decision in the suit in T.S. No. 30 of 1995 of the learned Civil Judge (Senior Division) Bargarh for having decreed the same has been confirmed on the grounds inter alia that the same is against the weight of evidence on record and hence, untenable in law.

(2.) The respondents as plaintiffs instituted the suit in T.S. No. 30 1995 against the appellants seeking reliefs, such as, declaration of right, title, interest and confirmation of possession over the schedule land or in the alternative, for recovery of its possession and permanent injunction. In the said suit, the appellants filed WS denying title of the respondents vis-a-vis the schedule land. Considering the pleading of the parties, the learned Trial court framed as many as eight issues and finally answered the same reaching at a conclusion that the respondents do have the right, title and interest over the schedule land and declared it so and confirmed their possession and thereby restrained the appellants permanently from entering upon the same by a judgment and decree dtd. 14/10/1999. The decision of the learned Civil Judge (Senior Division), Bargarh in the suit was challenged before the learned Lower Appellate Court which, however, confirmed the findings and dismissed it. Such confirmation of findings in the suit in Title Appeal No. 54/31 of 1999-03 is presently under challenge.

(3.) Heard Mr. Pati, learned counsel for the appellants and Mr. Sahu, learned counsel for the respondents.