HARACHAND NAYAK Vs. SEBATI DEI AND OTHERS

JUDGEMENT

(1.) This appeal has been directed against the judgment and decree passed by the learned Addl. District Judge, Kendrapara in T.A. No. 43/94/10/84 confirming the judgment and decree passed by the learned Munsif, Kendrapara in T.S. No. 230 of 1980.

(2.) For the sake of convenience, in order to bring in clarity and avoid confusion, the parties hereinafter have been referred to as they have been arrayed in the court below.

(3.) The plaintiff's case is that the suit land was owned and possessed by the defendant no. 4 having got it in a partition in his share in a suit with his co-sharers. He possessed the same till 9.3.53 when he parted with the possession in favour of one Sk. Abdul Halim pursuant to a conditional mortgage for sale. Sk.Abdul then possessed the suit land through the plaintiff as his house was five Kms. apart. The defendant no. 4 had also executed a Bhag Patta in favour of the plaintiff. Since the defendant no. 4 did not clear up the loan as promised, Sk. Halim filed a suit i.e. T.S. No. 133 of 1954 against the defendant no. 4 which stood decreed finally on 13.1.56. Sk. Halim then took delivery of possession of the suit land through process of court on 13.6.56/27.6.56 and accordingly possessed it through that plaintiff as a temporary lessee till 1958. Sk. Halim, then sold the said land to the plaintiff by registered sale deed dated 1.10.58 for valuable consideration and delivered possession to him.