LAWS(ORI)-2004-1-19

BISHNU CHARAN MOHAPATRA Vs. KRUSHNA CHANDRA MALLICK

Decided On January 06, 2004
Bishnu Charan Mohapatra Appellant
V/S
Krushna Chandra Mallick Respondents

JUDGEMENT

(1.) THIS appeal is brought by unsuccessful plaintiffs assailing reversing judgments and decrees of learned trial Judge in T. S. No. 99/80 and learned Sub -Judge, Jagatsinghpur in T.A. No. 1/87, respectively.

(2.) PLAINTIFFS in the suit are appellants in the First Appeal and also herein. Likewise defendants are respondents in the First Appeal and also herein.

(3.) JUDGMENT of learned Munsif shows that he has framed seven issues out of parties' pleadings. First he has taken up Issue No. 6 for decision. His finding on Issue No, 6 is that plaintiffs are in continuous possession of the suit land. He has also held that defendants never possessed suit land by amalgamating it with their homestead land nor they have acquired title to the said land on adverse possession. But In respect of Issues 1 and 3, his findings have gone in favour of defendants and against plaintiffs. Learned Munsif has not answered Issues 2, 4 and 5 because plaintiffs have not bothered to press the said issues.