SUDARSAN BEURA Vs. PRASAN KUMAR DAS

JUDGEMENT

(1.) Defendant in a suit for declaration of right, title and interest and possession in respect of a piece of land measuring Ac.0.14 decimals is the petitioner.

(2.) According to the plaintiff he had purchased the land from the ex-Ruler of Badamba on 1-6-1972 and has been possessing the same ever since the date of purchase. As the defendant tried to disturb his possession, the suit was filed The defendant in his written statement alleges that the land in question is in the possession of the defendant which he has purchased from the very same vendor, namely, the ex-Ruler of Badamba and is in possession of the same with effect from the date of purchase which is 15-5-1972. It has been further alleged that the defendant has constructed his residential house on the said piece of land and further according to the written statement, the sketch-map attached to the plaint is incorrect.

(3.) In course of trial, the defendant filed an application for amendment of his written statement. The proposed written statement is for addition of another fact, namely, that the land in question was intermediary interest and stood vested in the State of Orissa by Notification No. 30303 dated 10-6-1968 and accordingly the plaintiff has no subsisting title to evict the defendant. This application for amendment having been rejected, the defendant has come up with this revision.