DANDAPANI SAHU Vs. KONCHADA PANDURANGA SUBUDHI AND ORS.

JUDGEMENT

(1.) DEFENDANT No. 1 is in appeal against the affirming judgment and decree of the learned Subordinate Judge of Berhampur in a suit for declaration that the Defendants have no right, title or interest in the disputed property described in 'A' schedule of the plaint and for permanent injunction or alternatively for recovery of possession.

(2.) THE disputed property is 1.74 acres in extent appertaining to Survey Nos. 39, 42/B and 54/B of village Sankarpur of Berhampur town. K. Ramamurty Subudhi was the recorded owner. Plaintiff is one of his sons. It is alleged that in family partition this property had fallen to the share of Ramamurty under a registered deed of exchange dated 20th June, 1961. It has been allotted to the Plaintiff. During Plaintiffs minority, his father was looking after the property till 1964 and from that year Plaintiff's divided bother, K. Visweswar Rao Subudhi looked after the property. One Bhaigo Sahu who happens to be the father of the Defendants 1 and 2 and husband of Defendant No. 3 was a bhag tenant in respect of the disputed property and executed a Muchalika on 26 -11 -1955. Bhaigo Sahu died on 9 -6 -1966. Plaintiff's plea is that Bhaigo Sahu's right was personal in character and terminated with his death. Defendants are trespassers in possession. As a fact, it is pleaded that after Bhaigo's death, Plaintiff entered into possession and cultivated the property personally. Defendants 1 to 3 created trouble. Several proceedings under Sections 107 and 144 of the Code of Criminal Procedure were taken but the Defendants continued to create trouble. Plaintiff obtained a certificate of being a minor from the Collector under the Orissa Land Reforms Act (hereinafter to be referred to as the 'Act'). But as the Defendants continued to create trouble, the suit was filed on 16 -8 -1966.

(3.) THE trial Court held: