SACHINDRA BEHERA Vs. BILASINI PADHI

JUDGEMENT

(1.) THIS Second Appeal is in challenge of the judgment and decree dated 20.6.1989 and 6.7.1989, respectively, passed by the learned Additional District Judge, Bhadrak in T.A. No.2/70 of 1983/1987 confirming the judgment and decree dated 23.11.1982 and 30.11.1982, respectively, passed by the learned Munsif, Bhadrak in O.S. No.121 of 1 978 (I) decreeing the suit in part declaring right, title, interest and confirming his possession and restraining the Defendants from entering into the suit land.

(2.) THE original Plaintiff, late Bhajan Tripathy filed the suit for declaration of his right, title, interest and confirmation of possession in respect of the land appertaining to Major Settlement plot No.1626 and for correction of the Major Settlement Map, with alternative remedy for recovery of possession in case the Plaintiff would be found to have been dispossessed during pendency of the suit along with seeking relief of permanent injunction against the Defendants.

(3.) THE Plaintiff's case is that on 1.6.1978, D -4 and her sons D -1 to 3 created trouble over the plaintiff's southern fence and threatened to cut down the trees standing along the said fence claiming some portion of land under plaintiff's possession within his southern enclosure as part of their adjoining plot bearing No.1627.