MALATI @ MAHADEI Vs. JHINTIKA BEWA AND OTHERS

JUDGEMENT

(1.) The predecessor-in-interest of the appellants had filed O.S. No. 48/81 in the court of learned Munsif, Nayagarh for declaration of his right, title, interest over the suit land confirmation of his possession and permanent injunction against the respondents. The suit having been dismissed, an appeal had been carried to the court of learned Addl. District Judge, Nayagarh in Title Appeal No. 14/5 of 2003/1983. The lower appellate court affirmed the finding rendered by the trial court on the vital issue and has finally confirmed the trial court's judgment and decree by which the suit stood dismissed. So the present appeal under Section 100 of the Code of Civil Procedure has been filed.

(2.) For the sake of convenience, in order to bring in clarity and avoid confusion, the parties hereinafter have been referred to as they have been arraigned in the trial court.

(3.) The plaintiff's case is that the suit land originally stood recorded in the name of one Lachhaman Pradhan as per record of 1932 settlement. The plaintiff claims to be the adopted son of Lachhaman and as such to have succeeded to all his properties alone on the death of Lachhaman being his sole heir. It is stated that he had been in enjoyment of the said property all through by paying rent to the State. The plaintiff alleges that the defendants having no manner right, title and interest over the suit land, suddenly came over the suit land on 6.7.81 being armed with deadly weapons. Then they attempted to forcibly dispossess the plaintiff and take over the possession of the suit land. They asserted their claim on the basis of their purchase under a registered sale deed which according to the plaintiff has no value in the eye of law.