RAJAN BHOI Vs. BIRABAR PANIGRAHI AND OTHERS

JUDGEMENT

(1.) This is a plaintiff's appeal against confirming judgment in a suit for declaration of title, permanent injunction and eviction of defendants 1 and 2.

(2.) The case of the plaintiff was that one Fula Pandani was owner in possession of suit Schedule-A land. The plaintiff purchased the said land from Fula Pandani by means of a registered sale deed dated 5.5.196 Possession was duly delivered to him. He is in possession of the same. There is a house over Schedule-B land. Defendants 1 and 2 requested him to let out the same to them. Monthly rent was fixed at Rs.15/-. They resided in the house. He requested the defendants to vacate the suit house. The defendants did not vacate the suit house. With this factual scenario, he instituted the suit seeking the reliefs mentioned supra.

(3.) The defendants filed written statement denying the assertions made in the plaint. According to them, the plaintiff had not purchased the Schedule-A land from Fula Pandani. Fula Pandani sold Schedule-A land to defendant no.1 on 15.5.1957 for a consideration of Rs. 85/- by means of an unregistered sale deed. The plaintiff along with his mother alienated Schedule-B land to him on 8.2.1959 for a consideration of Rs.42/- by means of an unregistered sale deed and delivered possession. They have perfected title by way of adverse possession. They are protected under Section 53-A of the Transfer of Property Act.