KANTARU SAHU Vs. DHARMA SAHU

JUDGEMENT

(1.) Defendants 1 to 3 have preferred this appeal against the confirming judgment of the learned Subordinate Judge, Aska. in a suit for recovery of possession, mesne profits and damages.

(2.) The plaintiff's case, briefly stated, is that he purchased Ac. 0.24 cents of land in Survey No. 169 from one Dasa Naik and Ac. 0.26 cents of land in Survey No. 254 from one Ulla Sahu and others under two separate registered sale deeds dated 19-10-65 and 9-5-69, respectively Exts. 2 and 3. The plaintiff has alleged that after purchasing the said land he was in peaceful possession thereof till the month of May, 1970 when the defendants encroached upon different portions of these lands by removing the intervening ridges. According to him, defendant 1 has encroached upon Ac. 0.04 cents of land from the south-east portion of Survey No. 169 and defendant 2 has encroached upon Ac. 0.02 cents from the north of the said plot and defendants 2 and 3 together have encroached upon Ac. 0.02 cents of land from out of Survey No. 254 while defendant 4 has encroached upon Ac. 0.02 cents of land from the north of the said plot. As the defendants did not vacate the suit lands in spite of demands, the plaintiff got the encroached portions demarcated by a Government Amin and had to file this suit for the reliefs stated above.

(3.) Defendant 4 did not contest the suit and was set ex parte. Defendants 1 to 3 contested the suit by filing a joint written statement. Their case is that the suit lands appertain to their plot and not to the plaintiffs plots as alleged by the plaintiff. They have denied the plaintiff's allegation of trespass and encroachment.