BALA SA Vs. BISWAMITRA BHOI AND ORS.

JUDGEMENT

(1.) The appellant in this appeal challenges the judgment and decree passed by the learned Additional District Judge, Sundargarh in R.F.A. Case No. 16/26/70 of 200613 confirming the judgment and decree passed by the learned Civil Judge (Sr. Division), Sundargarh in Civil Suit No. 12 of 2003. The respondent No. 1 as the plaintiff had filed the suit for declaration of his right, title and interest over the suit land, recovery of possession of the same along with relief of perpetual injunction and damages against the appellant as defendant No. 1 with other two defendants. The suit has been decreed declaring the right, title and interest of the plaintiff along with defendant No. 2 and 3 over the suit land and the appellant/defendant No. 1 has been directed to give vacant possession of the suit as to the plaintiff, besides being injuncted from creating any disturbances over the possession of the plaintiff and defendant No. 2 and 3.

(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.) It is the case of the plaintiff that he is the owner of and in possession of the suit land. One Ghasia Sa is the recorded owner of the suit properties as per the record of right of the order 1977. Ghasia died leaving behind his wife Dukhi who came to possess the same after Ghasia. It is stated that said Dukhi on 08.08.1990 executed a deed of Will in favour of the plaintiff who is none other than the sister's son of Ghasia Sa bequeathing those properties recorded under Khata No. 16 and 75. So, on the basis of said will executed by Dukhi a native of the district of Sundargarh in respect of the property situated within the said district where the grant of probate of Will is the condition precedent to the claim title of over the bequeathing property as required in cases of other Wills provided in section 213 of the India Succession Act, the plaintiff asserts her title. Thus, plaintiff's case is that he is the exclusive owner of the property. It is alleged that the defendants having no right, title, interest and or possession. When created disturbance in his possession by forcibly entering inside the residential house standing over a portion of the suit land and thereby caused damage to the household articles, the suit has been filed for the above stated relief.