SAPANI MUDULI Vs. HAREKRUSHNA MUDULI (SINCE DEAD)

JUDGEMENT

(1.) Plaintiff is the appellant against a confirming judgment in a suit for declaration that the ROR is wrong and permanent injunction.

(2.) The case of the plaintiff was that Rama Muduli had three sons, namely, Bidya, Budhi and Bhagaban. Bidya died issueless. Budhi died leaving behind his son Jayee. Jayee died leaving behind his son Lochan. Bhagaban died leaving behind his son Chain. The plaintiff is the son of Chain. The suit land appertaining to Hal Khata No.40, Plot No.693, Ac.0.234 dec. corresponds to Sabik Khata No.98, Plot no.479 Ac.0.449 dec. Sabik Plot No.479 belonged to the family of the plaintiff. The same was originally recorded in the name of Bidya son of Rama as per ROR of the year 1885. The said property was recorded in the name of Bidya and Budhi as per ROR of 1912 although the same was enjoyed by all the three brothers including Bhagaban. As Bidya died issueless, the said property was enjoyed by Budhi and Bhagaban. After death of Budhi, his son Jayee, transferred Ac.0.315 dec. in favour of Hadu. After death of Bhagaban, his son Chain was in possession of Ac.0.234 dec. land. After his death, his only son, the plaintiff is in peaceful possession of the suit land as his bari. The defendants and their father Digambar have no right title, interest and possession over the suit land. They created disturbance in his possession. With this factual scenario, he instituted the suit seeking the reliefs mentioned supra.

(3.) Defendants filed a written statement denying the assertions made in the plaint. According to the defendants, the genealogy appended to the plaint is not correct. It was pleaded that Siva had two sons, namely, Bhagaban and Rama. Chain is the son of Bhagaban. Sapani is the son of Chain. Rama had two sons, namely, Bidya and Budhi. Jayee was the son of Budhi. Lochan was the son of Jayee. Bidya died leaving behind his son Bhikari. He died about 60 years back leaving behind his widow Saradi. His son Bahudi who pre-deceased his mother Saradi. The suit land fell to the share of Bidya. After the death of Bidya, his son Bhikari was the owner in possession of the suit land. After the death of Bhikari, his widow was in possession of the suit land. She sold the said land and other properties to the mother of the defendants orally in the year 1948. The mother of the defendants after purchasing the suit land possessed the same and accordingly ROR was issued in her favour. In the year 1983, the defendants were separated from each other. The suit land fell to the share of defendant no.2. It was further pleaded that they have acquired title to the suit land by way of adverse possession.