CHINT AMANI KANDI Vs. ARJUNA KANDI

JUDGEMENT

(1.) Being aggrieved by the judgment and decree dated 12.02.1986 and 26.02.1986, respectively, passed by the learned IIndAdditional District Judge, Puri in Title Appeal No.41/76 of 1985/1984 reversing the judgment and decree dated 09.04.1984 and 19.04.1984, respectively, passed by the learned Additional Subordinate Judge, Puri in Original Suit No.139/178 of 1981/79-I the plaintiffs before the learned Sub-ordinate Judge have preferred this Second Appeal.

(2.) The original Appellants in this Second Appeal are the plaintiffs. Plaintiff-Appellant No.1-Chintamani Kandi having died during pendency of the Second Appeal, his L.Rs. have been substituted as Appellant Nos.1(a) to 1(e). Deceased Chintamani Kandi and Ratnakar Kandi (Appellant Nos.1 and 2) filed the suit for permanent injunction against the defendants restraining them from entering into the suit property and interfering with their possession and enjoyment over the same. Their case, in short, is that the suit land measuring Ac.02.89 decimals originally belonged to late Sapani Kandi and late Nokei Kandi. Chintamani Kandi being the son of Nokei, and Ratnakar Kandi being the grandson of Sapani Kandi have been in peaceful possession and enjoyment of the suit properties over which they have got their residential houses and bari. The defendants having no manner of right, title, interest or possession over the suit property, threatened to dispossess the plaintiffs from the suit property and also initiated a criminal proceeding under Section 145, Cr.P.C. against the plaintiffs on false allegations. Hence, the suit.

(3.) D-1 and D-2 are sons of Jahana Kandi and D-3 and D-4 are sons of Bahudi Kandi. They have filed written statement jointly claiming that the suit property is ancestral property of the plaintiffs as well as the defendants and that the property having not yet been partitioned amongst the co-sharers, the defendants still continue to be the co-sharers in respect of the suit property. They claim that the suit property originally belonged to Hari Kandi and Bali Kandi, who are two brothers. Hari Kandi had two sons, namely, Sapani and Gopal and Bali Kandi had two sons, namely, Nokei and Madana. The defendants are the successors-in-interest of Gopal Kandi. Therefore, they have got interest in the suit property. Their further plea is that during 1927 settlement, Sapani and Nokei, being the eldest members of the branches of Hari and Bali were looking after the settlement affairs and they got the suit property recorded in their names. In the year 1975 there was some dispute among the co-sharers relating to the suit property which was amicably settled with the intervention of local gentlemen. On 25.05.1975 one agreement (marked Ext.-C) recording the terms of the settlement was signed by plaintiff No.1 and the defendants admitting therein the aforestated relationship of the parties and the defendants interest in the suit property but, subsequently, the plaintiffs being ill-advised have filed the suit to deprive the defendants from their legitimate interest in the suit property.