STATE OF ODISHA Vs. BHAGAT PRASAD PATEL

JUDGEMENT

(1.) This is a defendants' appeal against a partly confirming and partly reversing judgment. The judgment dtd. 28/9/1991 followed by decree passed by learned Additional District Judge, Balangir in Title Appeal No.3/16 of 1989-90 is under challenge. Said appeal was filed against judgment dtd. 29/9/1988 followed by decree passed by learned Munsif, Balangir in Title Suit No.169 of 1982. As per the said judgment, the suit of the plaintiffs was decreed and the defendants were injuncted from disturbing their right. The relief of declaration of title and possession was refused. Thus, while the defendants challenged the declaration of the fishery right of the plaintiffs in the above-mentioned appeal, the plaintiffs preferred cross appeal against refusal of the relief of declaration of title and possession.

(2.) For convenience, the parties are referred to as per their respective status before the Trial Court.

(3.) The suit in question was filed by the plaintiffs claiming declaration of title, confirmation of possession over the suit land or in alternative, recovery of possession along with permanent injunction.