BHAWANI SANKAR MISRA Vs. RUDRA PRASAD SINGH

JUDGEMENT

(1.) The unsuccessful defendants have called in question the judgment and decree passed by the learned District Judge, Kalahandi, Bhawanipatna in Title Appeal No.11 of 1992 confirming the judgment and decree passed by the learned Subordinate Judge, Bhawanipatna in Title Suit No.47 of 1974.

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

(3.) The case of the plaintiff is that Narasingh Mishra, father of the appellant nos.1 and 2 executed a registered sale deed in favour of Mr. P.K. Deo, Ex Ruler of Kalahandi in the year 1959 and in pursuance of the same had delivered possession to the vendee who continued to enjoy of the same. Subsequently, Mr. P.K. Deo sold the property to the plaintiff by a registered sale deed in the year 1972. It is stated that in the year 1973, Narasingh Mishra forcibly entered into the suit land, put up some temporary structures over that and thus disturbed the possession of the plaintiff. So, the suit has come to be filed in the year 1974. After having undergone arduous journey, it was finally decreed on 31.03.1992 on contest, i.e., after having twice during the period decreed ex parte and then being set aside. The suit is with the prayer for declaration of right, title and interest and for recovery of possession, as also damage with alternative prayer for recovery of the consideration amount etc. from defendant no.2, the vendor of the plaintiff if so found that he had no title over the property but has sold the same to the plaintiff.