JOGESWAR SAHU Vs. BISHNU MAJHI

JUDGEMENT

(1.) THIS second appeal has been filed by defendant No. 2 against the appellate judgment of Sri R.C. Misra, District Judge of Sambalpur, confirming a decision of the Additional Subordinate Judge, arising out of a suit brought by plaintiff Bishnu Majhi for declaration of his title and recovery of possession in respect of 30.11 acres of lands described in the schedule attached to the plaint which were originally Sir lands within the Boarasambar zamindary.

(2.) IT is to be noted, Dinabhandhu had two sons Kartik and Sarduk. For non -payment of Thiccadari jama the first defendant obtained a decree in Title suit No. 8 of 1934 against the protected Thiccadar Danardan for ejectment of the Thiccadari interest and In Execution Case No. 294 of 1934, the first defendant ejected the thiccadar and settled the lands with defendant No. 2 who dispossessed the present plaintiff's father in 1935. The suit therefore was brought on 9 -5 -1946 for the aforesaid reliefs.

(3.) THERE was a good deal of controversy in the Courts below on the question whether the Thiccadari village was permanently settled or temporarily settled. The lower appellate Court rightly held that the question is immaterial. Both the Courts below have concurrently found that the different co -sharers were in separate possession of the Sir lands by amicable arrangement, and further that the plaintiff has been in possession of the suit lands since the time of his father as asserted by him.