SHAKUNTALA MISHRA Vs. JAGADEEP PRATAP DEO

JUDGEMENT

(1.) The appellants in this appeal have called in question, the judgment and decree passed by the learned 1st Ad hoc Additional District Judge, Sundargarh in R.F.A. No. 26/32 of 2004.

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

(3.) The plaintiff's case is that one Biratendra Sekhar Deo and his brother Bharatendra Sekhar Deo were the recorded tenants in respect of Hal Khata No. 507 extending an area of Ac. 16.02 decimals. There was an amicable partition between the two brothers and there the suit land as stated under Khata No. 507 bearing plot No. 3/4035 measuring Ac. 14.00 decimals had fallen to the share of Bharatendra Sekhar Deo. Being in need of money, Bharatendra sold the suit land to the plaintiff by executing two registered sale deeds on 8-10-1990 and 10-10-1990 for consideration of Rs. 27,000/-. Bharatendra being in possession is also said to have delivered possession of the suit land to the plaintiff pursuant to the said sale. It is stated that the defendant having no manner of right, title and interest over the suit land, all of a sudden on 3-1-1993 by show of force constructed a house over the suit plot for which the suit has been filed.