BANDHU DAS Vs. UTTAM CHARAN PATTANAIK

JUDGEMENT

(1.) This is an appeal under Section 100 of the Code of Civil Procedure. The appellants were the defendants in the trial Court against whom the plaintiff-respondent had filed T.S. No. 109 of 1981. The said suit was decreed in part. Aggrieved, the plaintiff-respondent filed T.A.No. 10 of 1983 before the lower appellate Court, which was allowed. The present appeal is against the reversing judgment of the lower appellate Court.

(2.) The suit was filed for declaration of title, confirmation of possession and for permanent injunction. The case of the plaintiff- respondent was that the suit property i.e., C.S. Plot Nos. 104 and 105, originally belonged to one Nimei Charan Pattanaik from whom by registered sale deed 12.10.1971 he had purchased the same for good consideration. He got delivery of possession thereof and possessed the same peacefully without any interruption. The defendants having no right, title and interest over the land created disturbances in his possession, for which he filed the above suit. Defendants in their written statement pleaded that they have no title or possession over plot No. 105, but have got their residential house on a portion of C.S. Plot No. 104 corresponding the Hal Plot No. 145 measuring area of Ac. 0.05 dec. since more than 45 years.

(3.) In order to prove his case, plaintiff examined as many as three witness including himself as P.W.3 and exhibited one document, i.e., the sale deed dated 12.10.1971, as Ext. 1. Defendants examined three witnesses and exhibited the certified copy of the draft Khatian as Ext. A and the municipal tax receipts of 1980-81 and 1981-82 as Exts. X and Y by the Court :