SAILABALA BAXI Vs. JOHANAS BISSOI

JUDGEMENT

(1.) DEFENDANT No. 1 is in second appeal against the affirming decision of the learned District Judge, Koraput in a suit for title recovery of possession or alternatively for recovery of the consideration money paid for the sale.

(2.) DEFENDANT No. 1. plaintiff alleged, sold the land covered by plots numbers 267, 238, 239 and 482 appertaining to khata No. 137 of village Kenduguda to plaintiff under a registered sale deed dated 31-12-1962 (Ext. 1) for a consideration of Rs. 1,000/-. During the recent settlement operations, plaintiff claimed patta on the strength of his title and possession. DEFENDANTs 2 to 6 contested plaintiff's claim on the allegation that they were in possession before plaintiff got into possession and their surrender to defendant No. 1's father-in-law for arrears of revenue was invalid and contrary to the provisions of Orissa Regulation 2 of 1956. The final record-of-rights was published in the names of defendants 2 to 6. After receiving the record of rights, defendants 2 to 6 forcibly entered into the property on 27-10-1965 and cut away the standing crop. A proceeding under Section 145 of the Code of Criminal Procedure was initiated which terminated in favour of the defendants. Plaintiff thereafter filed the suit on 8-7-1967.