BABAJI BHOI Vs. LOKANATH PANDA

JUDGEMENT

(1.) Heard further argument and the judgment is as follows:

(2.) Defendant Nos.1 and 3 filed two separate written statements. In both the written statements similar pleas were advanced. According to them, Sabik holding No.1185 was recorded in the name of Mukunda Das in 1927 Settlement recording his sthitiban status. Ext.D is that record of right. Mali Dibya, widow of Late Mukunda Das, on behalf of her minor son and for the benefit of the estate sold the property to defendant No.3 on 11.12.1933 and accordingly, executed Regd. Sale Deed, Ext.A, Plot No.1006 measuring Ac.0.04 decs, was sold in favour of defendant No.3. After such purchase, defendant No.3 owned and possessed the same and in the year 1944, inducted defendant No.1 as a tenant and from such date defendant No.1 is possessing the disputed land and raising vegetables and enjoying usufructs.

(3.) On the basis of the aforesaid pleadings, the trial Court framed seven issues and out of that Issue Nos.3,5 and 6 reads as under: