SRIBASH SARKAR Vs. HAZIRANI BAIN

JUDGEMENT

(1.) The Appellants, by filing this Appeal under Sec. -100 of the Code of Civil Procedure, 1908 (for short, 'the Code'), has assailed the judgment and decree passed by the learned Additional District Judge, Malkangiri in R.F.A. No.17 of 2014. The Respondents as the Plaintiffs had filed the suit (C.S. No.03 of 2014) in the Court of learned Senior Civil Judge, Malkangiri for recovery of possession of the suit land from the hands of the Appellants, who had been arraigned as the Defendants therein with further prayer for permanent injunction.

(2.) For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to, as they have been arraigned in the Trial Court.

(3.) The Plaintiff's case is that the suit land stood recorded in the name of Nirapad Bain, who died sometime in the year 200102. The Plaintiff No.1 is the wife and Plaintiff No.2 is the daughter of said Naripad Bain and they are his legal heirs and successors. Plaintiff No.2 has been cultivating the suit land in view of the old age of Plaintiff No.1. The Plaintiffs had the right, title, interest as also possession over the suit land after the death of Nirapad. Since on 1/7/2012, the Defendant forcibly occupied a portion of the land under Plot No.924 and constructed a house over there and also forcibly occupied half portion of the land under Plot No.923, the said Plaintiffs have been compelled to file the suit.