NITYANANDA GIRI AND OTHERS Vs. BINODA MOHAKUD

JUDGEMENT

(1.) This is defendants' appeal against a confirming judgment.

(2.) Plaintiffs-respondents instituted T.S. No.15 of 1985 in the court of the learned Civil Judge (Junior Division), Karanjia for declaration of right, title and interest and recovery of possession. The case of the plaintiffs is that they are the sons of Dasarathi Mohakud. The suit land originally belonged to Parama Mahakud. In the year 1975, Parama Mahakud sold the suit land to Lochan Mohakud by means of a registered sale deed. On 6.11.1984, Lochan Mahakud sold the suit land to the plaintiffs by means of a registered sale deed for a valid consideration and delivered possession. Since then the plaintiffs are in possession of the suit land. On 1.6.1985, the defendants having no right, title and interest over the suit land sown paddy in the suit land. On 22.2.1985, the defendants constructed a thatched house thereon. With this factual scenario, they instituted the suit seeking the reliefs mentioned supra.

(3.) Defendants filed a written statement denying the assertions made in the plaint. It was pleaded that in the year 1955 Srihari Giri, father of defendants, had purchased the suit land from Parama Mahakud by an oral sale for a consideration of Rs.80/- and took delivery of possession. After him, they are in possession of the suit land. Parama Mahakud had no saleable interest over the suit land and as such, sale deed executed by Parama Mahakud in favour of Lochan Mahakud and then by Lochan Mahakud in favour of the plaintiffs cannot create any right either in favour of Lochan Mahakud or in favour of the plaintiffs.