LAWS(ORI)-1996-4-38

BAIRAGI MOHARANA AND ORS. Vs. ANANDA MOHARANA

Decided On April 08, 1996
Bairagi Moharana And Ors. Appellant
V/S
Ananda Moharana Respondents

JUDGEMENT

(1.) THE Plaintiffs have filed this second appeal against the judgment of affirmance dismissing the suit for declaration of title, confirmation, or in the alternative, recovery of possession and injunction.

(2.) THE undisputed genealogy showing the relationship of the parties is as follows:

(3.) THE trial court held that the disputed property had been purchased by Defendant No. 2 and was not the joint family property of Jugal and his sons and as such, the Plaintiffs had no locus standi to challenge the validity of the earlier compromise decree. It was further held that Defendant No. 1 had also perfected his right, title and interest by adverse possession. The contention of the Plaintiffs regarding invalidity of the compromise decree on the ground that the compromise in effect being a sale of occupancy holding having not been registered was void under Section 31 of the Orissa Tenancy Act, was negatived.