RAJIB LOCHAN PATEL Vs. SAPNESWAR PANDEY

JUDGEMENT

(1.) This second appeal is by the plaintiff against the judgment dismissing the suit for declaration of title and recovery of possession in respect of the area measuring Ac. 1.45 decimals of land under the Sabak Plot No. 569 corresponding to current settlement plot No. 2928 in village Beheramal in the district of Sambalpur.

(2.) Plaintiff's case is, he purchased Ac. 2.59 decimals of land appertaining to Hamid Settlement plot No. 569 from its northern side and also other lands under different plots by registered sale-deed dated 20-7-59 from one D. Suja and took delivery of possession of the same. The defendants who did not have any right, title and interest over the suit land managed to get their names recorded in the remarks column of the finally published record of rights as possessing the land adversely and, therefore, he filed a suit for declaration.

(3.) The defendants' plea is, when they purchased the land from the same vendor under different plot Nos. by registered sale-deed dated 20-7-59, the vendor while giving delivery of possession of the land under the sale-deed also gave delivery of possession of the disputed land. Since that date they have been forcibly possessing the same.