KRUSHNA CHANDRA PANIGRAHI Vs. BHAGIRATHI SAHU AND ANOTHER

JUDGEMENT

(1.) Defendant no.1 is the appellant against a reversing judgment.

(2.) The case of the plaintiff is that on 04.12.1953 the original owners sold the suit land to Bhabi Dei. Bhabi sold the suit land with house to plaintiff and defendant no.2. They were in possession of the same. They were separate in mess for the last seven years, but the ancestral homestead land remained joint. The suit land is a part of joint homestead land. On 17.02.1975, defendant no.2 executed the sale deed in favour of defendant no.1 in respect of Ac.0.04 dec. of land. Defendant no.1 is a stranger to the family and is not entitled to possess the property. Defendant no.1 collected materials for construction of a house on the land. With this factual scenario, the plaintiff instituted the suit for permanent and mandatory injunction.

(3.) Defendant no.1 entered contest and filed a written statement. The case of the defendant no.1 is that Bhabi had constructed a hutment. She sold Ac.0.22 dec. to plaintiff and defendant no.2. The nature of the land is bagayat. There was a partition between plaintiff and defendant no.2 of all properties. On 17.12.1975, defendant no.2 had sold an area Ac.0.04 dec. out of Ac.0.11 dec. to him by means of a registered sale deed dated 17.12.75 for a valid consideration. Since then he is in possession by constructing a house.