JAYKRUSHNA SAHOO Vs. GANGADHAR BHANJA

JUDGEMENT

(1.) THE plaintiff respondent in the Courts below is the appellant in the present second appeal against the reversing judgment of the Learned Sub ordinate Judge, Dhenkanal in Title Appeal No. 17/4 of 1983/84 allowing the appeal, setting aside the judgment and decree of the Learned Munsif, Dhenkanal decreeing the plaintiff's suit declaring the right, title, interest and possession of the plaintiff over the suit land and directing the defendants to put the plaintiff in possession of the suit land.

(2.) THE short facts bereft of unnecessary details are that the suit land was recorded in the name of the plaintiff's father Adhikari Nayak @ Sahoo in the Record of Rights of 1923 24 described as homestead land, which was in possession of his father who was residing there having his residential houses and kitchen garden etc. After the death of his father Adhikari, the plaintiff is in possession of the suit land. The houses and kitchen garden of the defendants are situated on the northern side of the plaintiff's plot and recorded in the name of Bholeswr Mahadev. On 17.8.1981 the defendants with a view to grabbing a portion of the plaintiff's land, situated on the western side of his plot, cut the green fences as indicated in the sketch map and trespassed into a portion of the suit land and started digging foundation to erect a compound wall amalgamating the suit land with their own plot. The protest made by the plaintiff went in vain, for which he reported the matter at the police station and a Station Diary entry was made.

(3.) THE Trial Court framed the following seven issues,