SRIMATI KELUNI DEI Vs. BATAKRISHNA KAR AND ORS.

JUDGEMENT

(1.) THE Plaintiff is the Appellant. The appeal is filed against the reversing judgment of the Subordinate Judge of Cuttack.

(2.) THE disputed land comprising an area of 12 acre of homestead land belonged originally to one Bhubani Sahu and Dadhi Sahu who sold the same to the Plaintiff and she had been in possession of the same by constructing a house on it. The original Defendant No. 2 was wrongly recorded with respect to this land in the last survey record of rights and for rectification of the same the Plaintiff filed a suit against Fakir Parida the original Defendant No. 2 in O.S. No. 31 of 1934 in the Court of the Second Munsif, Cuttack in which her title to the land was recognised. The Plaintiff's case is that Defendant No. 1 in collusion with the amlas of Defendant No. 3 the landlord, obtained a decree for arrears of rent against Fakir Parida by suppression of summons and in execution of the decree he purchased the property on 19 -4 -41 in court sale, and that as Defendant No. 1 on the strength of that sale is threatening the Plaintiff with dispossession, the Plaintiff files the present suit.

(3.) THE trial Court found that the disputed property is the identical property purchased by Defendant No. 1 in rent sale under Ext. C and that Defendant No. 1 had acquired no title on the strength of the court sale as it was not a rent decree but a mere money decree, and consequently decreed the Plaintiff's suit.