NARA NAIK Vs. PARSURAM NAIK

JUDGEMENT

(1.) THIS is a Defendant's appeal against the Judgment of Learned Civil Judge (Senior Division), Keonjhar passed in T.A. No. 21/95/14 of 1996 confirming the Judgment and decree recorded by the Civil Judge (Junior Division), Keonjhar in T.S. No. 15 of 1991.

(2.) THE present Respondent as Plaintiff filed the suit claiming title over the suit land on the plea that he purchased the same from the recorded tenant by means of Ext. 1 and possessed it thereafter. On the other hand, the Defendant claimed that he is in possession of Ac. 0.10 decimals put of the purchased land of the Plaintiff by constructing house thereon since more than 50 years and thereby has acquired title over the same by adverse possession. The Trial Court decreed the right, title of the Plaintiff over the suit land and also ruled that he is entitled to recover possession of the suit land along with house constructed thereon. The said decree was confirmed in the appeal and hence the present second appeal.

(3.) THE following substantial questions of law were formulated for consideration in this appeal.