SHYAM SUNDAR PRADHAN Vs. ADIKANDA PRADHAN

JUDGEMENT

(1.) THIS Second Appeal is in challenge of reversing judgment and decree dated 13.08.2004 and 27.08.2004, respectively, passed by the learned Ad hoc Additional District Judge, Jeypore in R.F.A. No. 10 of 2004 setting aside the judgment and decree dated 04.08.2000 and 18.08.2000, respectively, passed by the learned Civil Judge (Senior Division), Jeypore in T.S. No. 33 of 1995.

(2.) THE Appellant is the plaintiff and the Respondent Nos. 1 to 4 and deceased Respondent No. 5 are defendant Nos. 1 to 5 in the suit.

(3.) THE plaint story, in short, is that the plaintiff and father of D -1 and D -3 were separate in both mess and property. Plaint schedule 'A' property is plaintiff's absolute property which he has purchased from his uncle Raghunath Pradhan and aunt Srimati Pradhan under a Registered Sale Deed dated 28.09.1973 on payment of a consideration of Rs. 2,000/ -. After acquisition of the land under the sale deed the plaintiff constructed a house on a portion thereof and the rest portion is being used as thrashing floor, cattle shed etc. In a proceeding under Section 145, Cr. P.C. (M.C. No. 38 of 1987) before the Executive Magistrate, Jeypore which was between plaintiff and D -1, a compromise was arrived at and on the basis of the compromise petition the proceeding was dropped. In that compromise petition the defendants have admitted that plaintiff has got absolute right, title, interest and possession over the plaint schedule 'A' property. D -1 to D -3, who were then in permissive possession of plaint schedule B(a) to B(c) property which are part of the plaint schedule 'A' property, agreed to vacate the same within two years. But after expiry of said period when the plaintiff asked them to vacate, they refused to do so. Hence, the suit.