MAHADEBA DEBATA Vs. DEENABANDHU DEBATA

JUDGEMENT

(1.) THE plaintiff has preferred this appeal against the judgment of the Additional subordinate Judge, 16-72 Berhampur in Title Appeal No.------ re- 68-72 versing the decision of the trial court in Title Suit No. 75 of 1970.

(2.) THE plaintiff's case in short is as follows:-One brundaban Maharana in Title Suit No. 49 of 1953 got a decree for partition of his one-third share in the family properties which decree was confirmed by the High Court in Second Appeal No. 405 of 1964. After the final decree proceeding the said Brundaban transferred his decree in favour of the plaintiff in the present case by the registered sale deed (Ext. 14) dated 19-2-69. Thereafter in the execution proceeding (E. P. No. 131/ 69) the plaintiff in this case got possession cf his one-third share, as decreed in the suit, which are the suit lands in this case. The defendants thereafter at times interfered with the plaintiff's peaceful possession over the suit lands, and hence this suit for. permanent injunction against the defendants.

(3.) DEFENDANTS 7, 9, 10, 16, 24, 25, 28 and 30 did not appear in the suit and they were set ex parte. The other defendants filed a joint written statement. The relevant and important facts alleged therein are as follows;-"the plaintiff never got delivery of possession of the suit lands and that these defendants are in possession of the suit lands. " they contested the plaintiffs title and alleged that the plaintiff never took possession of the suit lands in any execution proceeding. The other averments in the written statement need not be stated, as they are not relevant for the purpose of deciding the question raised in this appeal.