KALIA KARNA Vs. KAIKEI SETHI

JUDGEMENT

(1.) This is an appeal filed against a confirming judgment passed by the learned Additional District Judge, Boudh in RFA No. 12 of 2004 on 30/7/2005 followed by decree whereby the judgment passed by learned Civil Judge, Junior Division, Kantamal on 25/9/2004 in T.S. No. 06 of 2002 was confirmed. The plaintiff of the above suit is the appellant herein.

(2.) For convenience, the parties are referred to as per their respective status in the Court below.

(3.) The aforementioned suit was filed by the plaintiff for declaration of his title over the suit land and for recovery of possession. The plaintiff's case is that the suit land appertaining to Hal plot No. 908 under Khata No. 224 situate in village Digi measuring Ac. 0.04 decimals, is his ancestral property and was partitioned among the co-sharers after death of his father, Daitari Karna. He claims to have been allotted an area measuring Ac. 11.25 decimals in the family partition. There is a dilapidated house over the suit land in which the original defendant No.1 (Sasi Muduli) and defendant No.2 remained in permissive possession after making necessary repairs. This was on 18/4/1986. Defendant No.1 had agreed to vacate the house whenever the plaintiff wanted. On 11/5/1996, the plaintiff asked the defendants to vacate the suit house as he wanted to make construction for his own accommodation. Since the defendants did not vacate the suit house, he filed the suit in question.