MALATI MUDULI Vs. REBATI BHOI

JUDGEMENT

(1.) The appellants in the appeal have called in question the judgment and decree passed by learned District Judge, Jagatsinghpur in R.F.A. No. 19 of 2012.

(2.) These appellants as the plaintiffs have filed C.S. No. 83 of 2007 in the court of learned Civil Judge (Jr. Division), Jagatsinghpur. The suit having been dismissed, they had carried the first appeal which has also been dismissed.

(3.) The case of the plaintiffs is that the suit land under 'Bagayat' Kisam stands recorded jointly in the name of the defendants. The plaintiff no. 1 to 3 are the recorded owners in possession of the land under plot No. 146 measuring Ac. 0.17 decimals; plot no. 148 measuring Ac.0.20 decimals and plot no. 155 measuring Ac. 0.019 decimals under Khata no. 160 of village Bandilo. They being brothers claim to have 5 annas 4 pais share each over the same which is said to have been so noted in the record of right. It is stated that the land covered under plot no. 146 and 145 are the homestead and land under plot no. 148 is used as 'Gharabari'. Plaintiff no. 4 and 5 are the sons of plaintiff no. 1, whereas plaintiff no. 6 and 7 are the sons of plaintiff no. 2 and 3 respectively. It is stated that plaintiff no. 8 had purchased the land under plot no. 147 to an extent of Ac. 0.01 decimals from Sapani Bhoi, Bipin Bhoi and Aparti Bhoi by registered sale-deed dated 202.1998. The plaintiff no. 9 and 10 are the sons of plaintiff no. 8. Plaintiff no. 11 claims to have purchased land under plot no. 137 of an area of Ac. 0.08 decimals from one Lingaraj Bhoi by registered sale-deed dated 25.08.200 The land under plot no. 330 is said to have become a part of river embankment and used by public including the parties to the suit to approach the main road.