JOGESWARA KONHAR Vs. DAGILI @ BIRMA KONHAR

JUDGEMENT

(1.) This is a plaintiff's appeal against an affirming judgment in a suit for declaration of right, title and interest, confirmation of possession or in the alternative recovery of possession and permanent injunction.

(2.) The case of the plaintiff is that the suit property is his ancestral property. His father was in possession of the same. After death of his father, he is in possession of the suit land. The land has been recorded in his name in the Record of Right and used to pay rent. The defendant, who had no semblance of right, title and interest over the same, threatened to dispossess him.

(3.) The defendant filed a written statement denying the assertions made in the plaint. The specific case of the defendant is that the suit land originally belonged to one Meta Konhar. He is the great grandson of Meta Konhar. He inherited the property and is in possession of the same. Accordingly he filed a counter-claim for declaration of his title and confirmation of possession and in alternative for recovery of possession of the suit land from the plaintiff with a relief of injunction.