PARAMESHWAR RAY AND ANOTHER Vs. RAMESWAR RAY

JUDGEMENT

(1.) This appeal has been filed challenging the judgment and decree passed by the learned Additional District Judge, Rourkela in R.F.A. No. 45 of 2007 confirming the judgment and decree passed by the learned Civil Judge (Jr. Divn.), Panposh, Rourkela in Title Suit No. 40 of 2001.

(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 court below.

(3.) The case of the plaintiff' is that he was allotted with the house and premises under Quarter No. MI-45, Chend in Phase-II of Kalinga Vihar by allotment order No. 9313 dated 28.03.1990 and had taken possession of the same. It is stated that thereafter spending huge amount, he reconstructed the suit quarter and resided there with his wife, children and parents. The defendants being younger brother and his wife having no right over the said quarter, on.06.2000 forcibly broke open the lock of the quarter during their absence and entered inside the same and thereafter keeping their own household articles began to reside there. Such unlawful activity of the defendants was reported by the plaintiff at police station. But police did not take any action. It is stated that the defendants since then remained adamant not to leave the suit quarter. So, the plaintiff finding no alternative filed the suit for declaration of his right, title, interest and confirmation of possession over the said suit schedule house and for recovery of possession.