KELU ROUT Vs. JAYANANDA ROUT

JUDGEMENT

(1.) THIS is a plaintiff's appeal against a reversing decree arising out of a suit for declaration of title to, confirmation or in the alternative recovery of possession of the suit land and for issue of permanent injunction restraining the defendants from interfering with the plaintiff's possession.

(2.) THE plaintiff's case runs thus: One Hari Bhoi was the recorded raiyat in respect of the suit land. The land was lying fallow and the plaintiff, after constructing a small thatched hut, began to live there. Subsequently, the said hari Bhoi sold the land to the plaintiff for a sum of Rs. 95/- under an unregistered sale deed dated 18-3-65 and gave formal delivery of possession thereof to him. The plaintiff, after his purchase, improved the suit land, constructed a two-roomed house thereon and possessed the same on payment of rent to the landlord. On 8-2-63 the defendants 1 and 2 obtained a fraudulent sale deed from the said Hari Bhoi and got their names mutated in respect thereof by practising fraud on the Revenue Authorities.

(3.) DEFENDANTS 1 and 2 denied the plaint allegations and contended that Hari bhoi, the recorded tenant, while in actual possession of the suit land, sold the same in their favour under the registered sale deed dated 9-2-63 on receipt of cash consideration and put them in possession. They further contended that before their purchase, Hari Bhoi was residing in a two-roomed house standing on the suit land which had become dilapidated for want of repairs and after their purchase they repaired the same. The plaintiff approached them for permission to occupy the house temporarily during the rainy season of 1963-64 and on such permission being given verbally, he occupied it. But subsequently at the instigation of the enemies of the defendants he created false documents in collusion with Hari Bhoi.