GAJANAND AGARWAL Vs. GOLAKHA PRASAD

JUDGEMENT

(1.) THIS appeal is directed against the Judgment and decree passed by Learned District Judge, Khurda in Title Appeal No. 43 of 1998 confirming the Judgment and decree of Learned Civil Judge (Sr. Division), Bhubaneswar in Title Suit No. 168 of 1990.

(2.) THE Appellant, as Plaintiff, brought the above noted Title Suit for declaration of his right, title, interest, confirmation of possession over the suit land and in the alternative for restoration of possession on the same, if found dispossessed in the mean time. He also prayed for a declaration that he has right title over the suit land by adverse possession and for an injunction restraining the Defendant -Respondent from entering into the suit land and interfering with his possession. The case of the Plaintiff in brief was that the suit land measuring AC. 13.880 decimals appertaining to Plot No. 121/1277, Khata No. 203 in Mouza - Kantabada originally belonged to one Braja Bhukan Lal, who died leaving his three sons, namely Ramlal, Jagannath and Chaitan. Jagannath died leaving behind his widow Manati and a minor daughter Bijayalaxmi @ Laxmi. These legal heirs sold the suit land along with other lands to the Plaintiff under a registered sale deed dated 13.9.1966, Ext.1 for a consideration of Rs. 6,500/ - and delivered possession thereof. The Plaintiff put green fence around the suit land and planted eucalyptus trees. He got this land mutated in his name in Mutation Case No. 19 of 1984. The Defendant out of jealousy and ill motive threatened to cut down eucalyptus trees and dispossess the Plaintiff from the suit land and initiated a proceeding Under Section 144, Cr. P.C., vide Criminal Misc. Case No. 351 of 1990. In that case Learned Executive Magistrate prohibited both parties from entering upon the suit land. But the Defendant in violation of such prohibitory order constructed a hut on the suit land over an area of 25' x 22' compelling the Plaintiff thereby to file the suit asking for the above noted reliefs.

(3.) AT the time of admission, the following substantial questions of law were formulated for consideration: