BASANTA KUMAR PRUSTY Vs. KRUPASINDHU SAHU

JUDGEMENT

(1.) THIS is an appeal against the judgment and decree passed by the learned District Judge, Keonjhar in T.A. No.1 of 1985 confirming the judgment and decree passed by the learned Munsif, Keonjhar in T.S. No.34 of 1981.

(2.) THE present respondents No.1 to 4 as plaintiffs, instituted the above noted suit for declaration of their right, title and interest over the disputed rooms standing on Ac.0.02 dec. described in Schedule 'B of the plaint, for recovery of possession of the suit property, and for permanent injunction restraining the defendants 1 to 3 (who are the present appellant No.1 and proforma respondent Nos.5 and 6) from entering into the suit land. The case of the plaintiffs, in brief, was that the suit property mentioned in Schedule 'A of the plaint was purchased by their father Nanda Sahoo from one Mathura Dei by registered sale deed dated 18.4.1961 and from that date they along with their father continued possession over that land and raised construction of three rooms over the aforesaid Ac.0.02 dec. of land mentioned in Schedule 'B. They alleged that the defendants forcibly entered into those rooms and started trading business in the two completed rooms with effect from 15.3.1981 for which the plaintiffs approached the local gentries for settlement. Such effort having failed, they filed the suit seeking the aforementioned reliefs.

(3.) AT the time of admission of the present appeal, the following substantial questions of law were formulated for consideration.