SWARASWATI MOHANTY Vs. TIRTHANANDA BADU

JUDGEMENT

(1.) THE plaintiffs are in appeal against the reversing judgment of the lower appellate Court dismissing the suit of the plaintiffs for permanent injunction in respect of the disputed land.

(2.) THE plaintiffs claim to be the owner in possession of the disputed land hearing 1962 settlement plot No. 3295 under Khata No. 675/1 situated in Bhubaneswar. They claim to have purchased the land on 21.5.1962 from one Ramesh Chandra Mishra. In the same year the plaintiffs were treated as Stitiban tenants under Lingaraj Mohaprabhu and were recorded as such in 1962 under the Orissa Tenancy Act, 1913. When thereafter the land vested in the State in 1974, the plaintiffs became the tenants under the Government and paid rent. During the current settlement the plaintiffs were issued with Purcha. It is their further case that taking advantage of their absence the defendant threatened to trespass over the land on 16.4.1983 and tried to take forcible possession by constructing pucca wall in a portion of the land and hence the suit for permanent injunction.

(3.) THE trial Court decreed the plaintiff's suit with a finding that the plaintiffs had title as well as possession in respect of the land in question. The lower appellate Court allowed the appeal with the finding that the plaintiffs failed to prove title in respect of the disputed -land in question.