SAILENDRA KISHORE PATNAIK Vs. HAREKRUSHNA SATPATHY

JUDGEMENT

(1.) The unsuccessful plaintiff in both the courts below has preferred this appeal.

(2.) The plaintiff's case in short is that he purchased the suit land by oral sale on 25-10-54, from Laxmi Bewa, the original owner thereof, for Rs. 95/- and took delivery of possession of the same. Thereafter he continued in peaceful possession of the property and got the same mutated in his name. After the death of Laxmi Bewa on 2-2-55, the plaintiff obtained permission from the municipality for constructing a house on the suit land. The plaintiff remained absent from Baripada for a long time and in 1962 he came to learn that defendant no. 1 was trying to construct a house forcibly on the suit site. So the plaintiff initiated a proceeding u/s 145 Cr. P. C. which ultimately was decided in favour of defendant no. 1. Hence this suit.

(3.) Defendant no. 1's case is that he orally purchased the suit land from Laxmi Dei for Rs. 60/- on 30-5-41 and got delivery of possession of the same. Laxmi died in the year 1943. Defendant no. 1 thereafter built a house on that land in November, 1950 after obtaining the necessary permission from the Municipality. The plaintiff's case of purchase of the suit land by him has been denied by this defendant and he asserts that the plaintiff by fraudulent means got the suit property mutated in his name without the knowledge of this defendant. Defendant no. 2 on his own application was impleaded as a party in the suit. His case was that he being the nephew of Laxmi was her nearest heir and accordingly after Laxmi's death he acquired right, title and interest in the suit land and he was in possession of the same. He further asserted that Laxmi never sold the suit property either to the plaintiff or defendant no. 1.