KASINATH TUNG Vs. JYOTI MANJARI NAYAK

JUDGEMENT

(1.) Defendant is the appellant against an affirming judgment.

(2.) Respondent as plaintiff instituted C.S. No. 218 of 2009 in the court of the learned Civil Judge (Senior Division), Angul for recovery of possession and permanent injunction impleading the appellant as defendant. The case of the plaintiff is that she purchased the suit land from one Rabindra Naik by means of a registered sale deed dated 19.11.2007. She is the owner in possession of the suit land. The defendant, who has no manner of title over the same, created disturbance in her possession.

(3.) Pursuant to issuance of summons, defendant entered appearance and filed a written statement-cum-counter claim denying the assertions made in the plaint. The case of the defendant is that he has purchased the plot no.121/134 appertaining to Khata No. 91 from one Brundabati Naik on 05.07.1995. He is in possession of the said land. The plaintiff is not sure of the suit land. She asserts possession over the suit land and as such the defendant filed counter claim seeking declaration of his right over the suit land.