AFR GOBINDA CHANDRA SAMAL Vs. FAKIR CHARAN SAMAL

JUDGEMENT

(1.) This is a plaintiffs' appeal against a confirming judgment. The suit of the plaintiffs praying for recovery of possession of the suit land and eviction of the defendants therefrom was dismissed by the trial Court and confirmed by the First Appellate Court.

(2.) For the sake of convenience, the parties are referred to as per their respective status in the trial Court.

(3.) The case of the plaintiffs is that the suit land was exclusively recorded in the name of one Banchu Samal and after his death, it devolved upon them and they are in possession. On the other hand, the defendants are complete strangers to the family of the plaintiffs. As the house of the defendants was damaged due to heavy rain in the year 1995, they requested the plaintiffs to occupy a portion of the dwelling house over the suit land. The plaintiffs permitted the defendants to do so, on their promise of vacating the house after constructing their own house. However, the defendants went back on their promise despite repeated requests by the plaintiffs. They, on the other hand sent lawyer's notice on 23/9/1996 to the plaintiffs asking them to execute a sale deed in respect of the suit house purportedly as per a contract signed by the parties on receipt of consideration of Rs.2,000.00. The plaintiffs denied in writing about any such contract of sale and on the contrary, they sent a lawyer's notice on 12/12/1996 asking the defendants to vacate the suit property, which the defendants did not comply. Hence the suit.