JYOTIPRAVA DAS Vs. NITYANANDA SWAIN AND OTHERS

JUDGEMENT

(1.) This is a plaintiff's appeal against reversing judgment. The suit was for permanent injunction.

(2.) The case of the plaintiff was that the suit land originally belonged to one Kailash Chandra Mishra. In the year 1979 he sold the same to the plaintiff. Since then the plaintiff is in possession of the same. He has constructed a house over it. When the defendants created disturbances, she filed the suit seeking the relief mentioned supra.

(3.) The defendants filed written statement denying the assertions made in the plaint. It was pleaded that the suit land was under the possession of Uma Musmat. After her, they were in possession of the suit land. Though the suit land was sold by Kulamani to Kailash Chandra Mishra and later to the plaintiff, none of them was in possession of the suit land. They have perfected title by way of adverse possession and the suit is not maintainable.