CHAKRADHAR MOHANTY & ANOTHER Vs. DAITARI SAHOO

JUDGEMENT

(1.) Defendants are the appellants against a reversing judgment.

(2.) Plaintiff-Respondent instituted T.S. No.153 of 1983 in the court of learned Addl. Munsif, Jagatsinghpur for permanent injunction. Case of the plaintiff was that the suit schedule land was recorded in his name in the settlement ROR published on 12.02.1979. The consolidation ROR had been published in his name. The defendants, who have no semblance of right, title and interest, disturbed in his possession.

(3.) The defendants entered contest and filed a written statement denying the assertions made in the plaint. The case of the defendants was that the suit land was recorded in the name of Paramananda Mohanty and others. In the family partition of the year 1942, the suit land fell to the share of Paramananda Mohanty, father of defendant no.1. They are in occupation of the same. The plaintiff purchased the suit land from Rabindra Sahoo and others by means of a registered sale deed dated 3.9.1961. On the strength of illegal sale deed, the plaintiff tried to take possession of the suit land. The plaintiff is not in possession of the suit land.