BHIKARI CHARAN SAHU Vs. CHHIMA BASIC SCHOOL

JUDGEMENT

(1.) THIS appeal filed by the plaintiff arises out of a suit for declaration of title, possession and for permanent injunction in respect of the suit land consisting of two plots being plot No. 273 with an area of 0. 017 decimals and plot No. 273/954 with an area of 0. 006 dec. total area being 0. 023 decimals which originally belonged to one Gunduchi Sahu.

(2.) THE plaintiff is a purchaser of the suit land from Gunduchi Sahu by a registered sale deed Ex. 4 dated May 5, 1961. Defendant No. 1 is the Chhima Basic School represented by defendant No. 2 Jaykrishna Mohanty, Secretary; defendant No. 3 is the organiser, Basic Education, Orissa at village Angul and defdt. No. 4 Padma gharan Sahu is the son of plaintiff's vendor Gunduchi, who in fact, is a pro forma defendant against whom no relief is asked for in the plaint.

(3.) THE plaintiff's case is this. As aforesaid on May 5, 1961, he purchased the suit land from Gunduchi. The plaintiff was obstructed by defdts. 1 and 2 in getting possession on the plea that defdts. 1 and 2 as the Basic School represented by its secretary got the suit land under a deed of gift dated July 27, 1954 from gunduchi's son defendant No. 4, The suit was filed by the plaintiff on October 6, 1961.