SADHUCHARAN PATRI Vs. SUDARSHAN PATRI

JUDGEMENT

(1.) THIS is a defendant's appeal against the confirming decision of the Additional Subordinate Judge of Cuttack, arising out of a suit for declaration of title and recovery of possession.

(2.) THE suit land originally belonged to the defendant. One Jadumani Patri obtained a decree against the defendant in money suit No. 126 of 1930 and in execution of the said decree put the suit land to auction, and the plaintiff purchased it in the Court sale for a sum of Rs. 257- on 16-9-42 and the said sale was confirmed on 16-2-43 and the plaintiff obtained the requisite sale-certificate from the Court. THE plaintiffs case is that when he wanted to take delivery of possession, the defendant told him not to put him to further unnecessary expenses and he would deliver possession of the suit-land amicably without intervention of the Court. In the long run, however, the defendant did not deliver possession of the, suit land on various pretexts and accordingly the plaintiff filed the present suit on 13-9-54 for the reliefs stated above.