PANKAJ KUMAR PATEL Vs. STATE OF ORISSA

JUDGEMENT

(1.) Defendant No. 1 is the appellant against a confirming judgment in a suit for permanent injunction filed by respondent No. 1 restraining the defendants from entering into the suit land. The sole plaintiff-respondent No. 1 had filed the suit against the defendants, which was registered as T.S. No. 170 of 1980.

(2.) The case of the plaintiff-respondent No. 1 is that he is the Chela of Sri Radhakrishna Mahaprabhu. He is in the management of the institution. The suit property was purchased by him. Since the defendants created trouble, he filed the suit for permanent injunction. Defendants 2 to 9 (respondents 2 to 9 herein) though did not contest the suit, supported the case of the defendant No. 1 by filing joint written statement. The present appellant-defendant No. 1, after appearing in the suit, filed a separate written statement denying the allegations of the plaintiff. She also denied to have taken the plaintiff as a Chela of the Math. According to her, the plaintiff had no right, title and interest in the suit property. It was further pleaded by defendant No. 1 that she brought the plaintiff to look after the Math and its properties. Further case of the appellant-defendant No. 1 was that the consideration money for purchase of some of the properties was advanced by her, but the plaintiff-respondent No. 1 got the sale deeds executed in his name, which the appellant- defendant No. 1 could not know as she is an illiterate lady. The suit land is in the cultivating possession of the appellant-defendant No. 1 through her servants.

(3.) In order to prove his case, the plaintiff examined as many as five witnesses and exhibited documents marked as Exts. 1 to 7. Defendant No. 1 also examined eight witnesses and exhibited documents marked as Exts. A to H.