SABITA MAHAPATRA Vs. KASINATH DAS

JUDGEMENT

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

(2.) Since the dispute lies in a narrow compass, it is not necessary to recount in detail the cases of the parties. Suffice it to say that the appellant as plaintiff instituted T.S. No. 41/89 for declaration of title, recovery of possession and confirmation of possession in the court of the learned Civil Judge (Senior Division), Bargarh. She also instituted T.S. No. 53/89 in the same court for confirmation of possession and permanent injunction. The defendants filed their written statements in both the suits.

(3.) On the inter se pleadings of the parties, the learned trial court struck four issues in T.S. No. 53/89 and five issues in T.S. No. 41/89. Both the parties led evidence, oral and documentary, to substantiate their cases. The suits were dismissed. Felt aggrieved, plaintiff filed T.A. No. 43/1996 before the learned Additional District Judge, Bargarh, which was subsequently transferred to the court of learned Additional District Judge (FTC), Bargarh and re-numbered as T.A. No. 43-58/1996-2001. Learned appellate court did not delve into the issues. Curiously the learned appellate court solely placing reliance on the report of the survey knowing commissioner, dismissed the appeal.