LOKANATH PRADHAN Vs. BADRI PRASAD RAM & OTHERS

JUDGEMENT

(1.) Defendant No. 1 is the appellant against a confirming judgment. Plaintiff filed the suit in the court of Munsif, Khurda for permanent injunction restraining defendants No.l to 5 from entering into the suit land and from placing any cabin or making any construction over the suit land in plot No. 1689, Khata No. 708 measuring 0.115 decimals in mouza-Jajarsingh under Khurda Police station.

(2.) Plaintiff's case is that he obtained the suit land on lease from the state Government and has thus title over the same. While he was continuing in possession of the same, the defendants were trying to interfere with his possession by putting cabins over the suit land and as such they should be restrained. The case of defendant No. 1 in the written statement is that a cabin has been put by him on the suit land since the year 1950, When he was disturbed by the plaintiff, he filed O.S. No. 116 of 1973 which has been decreed.

(3.) Documentary and oral evidence were adduced relating to possession by both the parties. However, the judgment in O.S. No. 116 of 1973 has not been filed in this case, although the plaint and the written statement thereof have been filed.