GANANATH SAMAL Vs. JHARANA @ JHATIA NAYAK AND OTHERS

JUDGEMENT

(1.) Plaintiff is the appellant against reversing judgment. The suit was for realisation of Rs. 1,400/- towards damages.

(2.) The brief facts of the case was that the plaintiff purchased Ac.0.40 dec. of land out of Ac.0.53 dec. in Khata No. 198, Plot No. 689 of village Mallikapur by means of a registered sale deed dated 25.09.1974 from defendant no.1. After sale, possession of the land was duly delivered to the plaintiff. He was in possession of the land. On 22.11.1985, the defendants cut and removed the paddy crops raised by the plaintiff, for which he sustained a loss of Rs.1,400/-. With this factual scenario, he instituted the suit seeking the relief mentioned supra.

(3.) During pendency of the suit, the sole defendant died and his legal representatives were substituted. The legal representatives of defendant no.1 resisted the claim of the plaintiff pleading, inter alia, that the suit land was recorded in the names of Ananta Naik and Kela Naik, each having eight anna share. Ananta died leaving behind his two sons, namely, Narendra and Harekrushna, defendant no.1. Defendant no.1 had 1/4th share of the suit land. But defendant no.1 alienated excess of his share. It was further pleaded that the defendant no.1 borrowed an amount of Rs.500/- from the plaintiff in the year 1974 @ 30% per annum. He executed a mortgage deed of Rs. 1,000/-. Other defendants were set ex parte.