ANIRUDHA PRADHAN AND ANOTHER Vs. NILAMBAR GIRI

JUDGEMENT

(1.) This is a defendants' appeal against affirming judgment.

(2.) Plaintiff-respondent instituted suit in the court of the learned Munsif, Champua for declaration of right, title, interest, confirmation possession and in the alternative for recovery of possession, if he is dispossessed during pendency of the suit. The case of the plaintiff is that he purchased the suit land from Ganeswar Giri and Bharat Giri sons of Baishnab Giri by means of a registered sale deed dated 29.6.51 for a consideration of Rs.170/-, Ext.1. Thereafter possession was delivered to him. After sale, he filed Mutation Case No.371 of 1951-52, which was allowed on 28.11.52. He used to pay rent. The defendants, who have no semblance of right, title and interest over the suit land, created disturbance in his possession. He ascertained that the suit schedule land has been wrongly recorded in their names in the remarks column of the R.O.R.

(3.) The defendants entered contest and filed written statement denying the assertions made in the plaint. The case of the defendants is that khata No.8 of village-Rajia was recorded in the name of Karuna Giri, maternal uncle of the defendants in the year 1914. The entire land was mutated in the name of Labanya Bewa, maternal grandmother of the defendants in Mutation Case No.118 of 1920-21 as her only son pre-deceased her leaving no heir. Out of A.22.50 dec. of lands, A.7.74 dec. of lands were given to her three daughters, namely, Gura Bewa, Chanchala Bewa and Dalimba Bewa. The land was mutated in their names in Mutation Case No.39 of 1929-30. Dalimba Bewa died leaving two sons, defendant no.1 and Rushinath Pradhan and a daughter Damayanti. Gura Bewa died leaving defendant no.2. After death of their mothers, the defendants are in possession of the suit land and paying rent to the Revenue Authorities. The plaintiff has no right, title or possession over the suit land.