LAWS(ORI)-2015-9-85

CHITRASEN MIRDHA @ CHITRA BAG Vs. KUNTI MIRDHA

Decided On September 16, 2015
Chitrasen Mirdha @ Chitra Bag Appellant
V/S
Kunti Mirdha Respondents

JUDGEMENT

(1.) The appellant is the unsuccessful defendant. The suit has been filed by the respondent as the plaintiff for declaration of the right, title and interest over the land described in the schedule of the plaint and confirmation of possession and also for injunction restraining the defendant-appellant from entering upon the suit land. The same having been dismissed an appeal had been filed. The lower appellate court has allowed the appeal by passing a decree for permanent injunction restraining the defendant-appellant from entering into the suit land and from creating any disturbance over the peaceful possession of the plaintiff-respondent.

(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's is that one Nabin Karmi being the owner was in possession of the suit land and he has transferred the same to the defendants for valuable consideration followed by delivery of possession. The sale was evidenced by way of execution and registration of sale-deed on 16.12.2008. The plaintiff claims to be the in possession of the same since then. It is alleged there arose the defendant created disturbance in her peaceful possession and thus there arose the occasion for the plaintiff to lodge a report at the concerned police station which has led to the filing of the suit.