ANANDA CHANDRA RANA Vs. PURUSOTTAM DAS

JUDGEMENT

(1.) This appeal is directed against the judgment and decree passed by the learned District Judge, Balasore in S.J. Appeal No. 25 of 1994-I. The appellant therein was the unsuccessful plaintiff in the trial Court as his suit for declaration of title, recovery of possession and injunction had been dismissed. On an appeal being filed under Section 96 of the Code of Civil Procedure, the same having been allowed, the suit has been decreed granting all the reliefs to the plaintiff-appellant.

(2.) The parties hereinafter have been described as per their position as assigned in the trial Court in order to avoid confusion, bring in clarity and also for the sake of convenience.

(3.) Plaintiff's case is that Bhagabat, Kailash and Gagan Behari, the three sons of Sundar Mohan had purchased the suit land and as such being the lawful purchasers were in possession. They had constructed six pucca rooms in a row over there. Sometime thereafter when dissention arose in the family, Bhagabat and his daughter's son filed a suit i.e. T.S. No. 29 of 1970 for partition of said property including the suit properties. The suit ultimately ended in compromise and final decree in terms of compromise was passed therein on 16.12.1974. In accordance with the final decree passed on compromise, the suit plot got divided into three equal shares Bhagabat got southern two rooms and verandah. Kailash with his son Purna accepted the middle tow rooms with verandah and Gagan got northern two rooms and verandah. Accordingly, they separately possessed and occupied the rooms with verandah. While such state was continuing, Gagan and his son Arjun sold one room to Mahendra Maharana on 8.12.1972 and they subsequently on 6.3.1973 sold the other room over Ac. 0.01 dec. to one Janardan Maharana by registered sale deed followed by delivery of possession.