SARA BEWA Vs. RAMBHA BEWA AND ORS.

JUDGEMENT

(1.) The appellant in this appeal has called in question the judgment and decree passed by the learned Additional District Judge, Jajpur in Title Appeal No. 13 of 1995.

(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 arraigned in the trial court.

(3.) The plaintiff's case is that one Kalpataru Beuria was the Chandanadar in respect of the suit land which was recorded in the settlement record of right in the year 1923 under kisam 'Gharbari'. It is stated that Muli Prusty, the father of the plaintiff was possessing the suit land and was paying rent and as such he became the Darchandanadar. On 03.08.1965, Muli sold the suit land to Suna Patra, the defendant no.2. But despite of the same, he continued to remain in possession till his death in the year 1967. On 09.04.1966, said defendant no.2 transferred western half of the suit land measuring Ac0.10 decimals to Musa Dei who is none other than wife of Muli Prusty i.e. the mother of the present plaintiff. Thereafter, on 08.10.1975 Musa gifted the western half of the suit land to the plaintiff under Ext.6. On 16.08.1986, the defendant no.2 sold rest land of Ac0.10 decimals to the plaintiff under Ext.4. The plaintiff then filed OLR Case No. 1416 of 1976 under Section 9 of the O.L.R.Act which was dismissed on 18.10.1993. It is stated that Muli had acquired right of occupancy over the suit land by virtue of the provision contained in section 236 of the Odisha Tenancy Act. The defendant no.2 all of a sudden having entered upon the suit land when attempted to dispossess the plaintiff, she filed the suit claiming the reliefs as aforestated.