CHMPA BEWA & OTHERS Vs. SMT. SNEHALATA DEVI

JUDGEMENT

(1.) Defendants 1 to 4 are appellants against a reversing judgment.

(2.) Respondent no.1 as plaintiff instituted the suit for recovery of possession of Schedule-A properties and permanent injunction impleading the appellants and respondent no.2 as defendants.

(3.) The dispute is between the sisters with regard to the property of the father. The plaintiff and defendants 2,3 and 4 are sisters. They are daughters of late Nokei alias Lokei Behera. Defendant no.1 is the widow of late Lokei. Defendant no.5 is the husband of defendant no.2. According to the plaintiff, Kapila Behera, one of the ancestors of Nokei, was the owner in possession of Ac.1.340 decimals of land appertaining to Plot No.581, Khata No.754 of Mouza-Bidanasi. Half of the said land fell to the share of Lokei in an amicable partition. On 7.11.1966, to press for his legal necessities, Lokei sold Ac.0.80 decimals of land to her for a consideration of Rs.2,400/-. As the boundary of the suit land described in Ext.1 was incorrect, Lokei executed a rectification deed in favour of the plaintiff on 27.11.1970. Her name was mutated in respect of the suit land in Mutation Case No.604 of 1970. She is paying rent since 1971. She constructed a house on the suit land after obtaining permission from the Greater Cuttack Improvement Trust and Cuttack Municipality. In the Hal settlement, the suit land had been carved out as a separate plot bearing no.843 appertaining to khata no.293. She along with her husband and children were residing in the house till 1984. Later they shifted to her husband's house at Mangalabag keeping Schedule-B movable properties. In September, 1985, when she went to the suit house to bring some of her Schedule-B movable properties, she found defendant no.2 and her husband were residing in the house along with defendant no.1 and they resisted her entry into the house.