ANADI BEHERA Vs. KHATUN NISA BIBI

JUDGEMENT

(1.) Plaintiff instituted Title Suit No. 96 of 1974 in the court of the Munsif at Jaipur for declaration of his right, title and interest as also possession over the disputed property said to be six decimals of cultivable land in plot no. 4 of khata no. 179. Alternately there was a claim for restoration of possession through court. The basis of plaintiffs title was one Gobinda Behera was recorded occupancy tenant and he died leaving behind his only son Haguri. The disputed land was an intermediary interest which vested in the State under the provisions of the Orissa Estates Abolition Act. Haguri returned to his original abode in Jhadagram area of Midnapore district. On 19-10-1968, he transferred the property to the plaintiff who happens to be his cousin brother for consideration under a registered sale deed.

(2.) Defendant denied acquisition of title by plaintiff and further pleaded that the plaintiff having alienated the property in favour of one Baliani Behera under a registered sale deed dated 29-1-1974 had no subsisting right, title and interest in the property.

(3.) The trial commenced on 28th of October, 1976. Plaintiff was examined as P.W. 3. In his cross-examination he admitted: