SUDAM SAHUKAR Vs. DASAMUKHI APPALASWAMI

JUDGEMENT

(1.) Plaintiff is the appellant against the judgment dtd. 12/5/2011 followed by decree passed by Learned Additional District Judge, Parlakhemundi in RFA No.23 of 2009, whereby the judgment dtd. 13/10/2009 followed by decree passed by the learned Civil Judge (Senior Division), Parlakhemundi in C.S. No.3 of 2009 was reversed.

(2.) For convenience, the parties are referred to as per their respective status before the Trial Court.

(3.) The plaintiff filed the above suit for declaration of his right, title, interest and permanent injunction. His case, briefly stated, is that the suit land standing on Plot No.648/1418 appertaining to Khata No. 142 in Mouza Padampur was recorded in his name. It was lying vacant. The defendant made an attempt to construct a house over it by stating that he had purchased the said land from one Mangal Bhuyan and Mangal Bhuyan, in turn, had supposedly purchased the land from one Braja Rout. Both were scheduled tribes. The plaintiff had a case with the defendant relating to a piece of land before the Officer on Special Duty under Regulation II of 1956, Parlakhemundi. The defendant declared on 5/12/2008 that he had purchased the suit land and therefore, he was constructing the house. Hence, the suit.