LALBIHARI BASA Vs. BIJAY KUMAR MAHOTA

JUDGEMENT

(1.) THE decision of the learned Civil Judge (SD), Baripada dated 25th September, 2000 in T.A.No.1/24 of 1998/96 confirming the decision of the learned Civil Judge (JD), Baripada dated 12th February, 1996 in T.S.No.48 of 1988 is assailed in this Second Appeal by defendant No.1 in the said suit.

(2.) ONE Chandanmal Mahota, the predecessor -in interest of the respondents in this Second Appeal, had filed the aforesaid Title Suit before the Civil Judge (JD), - Baripada as the sole plaintiff seeking a decree of mandatory and prohibitory injunction against the appellant Lalbihari Basa and his three sons, who were defendants 1 to 4 respectively, for removing the structure raised by them in front of his land and other ancillary reliefs. The said suit was decreed on contest against the appellant who was defendant No.1 and dismissed against his sons who were defendants 2 to 4. The appellant then preferred appeal which was registered as T.A.No.1/24 of 1998/96 in the court of the learned Civil Judge (SD), Baripada. The said appeal having been dismissed, this Second Appeal has been filed

(3.) THE substantial question of law which needs determination in this Second appeal is "Whether the subsequent purchaser can claim natural rights over a Government Property against the prior possessor, the subsequent purchaser having an alternate passage to go to the public road - The facts very much necessary for answering that question are as follows: