ARATI MEHER Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an appeal under section 96 of the Code of Civil Procedure (for short hereinafter called 'the Code). The unsuccessful plaintiff has assailed the judgment and decree dated 10.11.2009 and 21.11.2009 respectively passed by the learned Civil Judge (Senior Division), Patnagarh in civil Suit No. 90 of 2008 in non-suiting the plaintiff and refusing to pass a decree at her behest declaring her right, title and interest over the suit land and for recovery of possession of the same; and in the alternative grant compensation.

(2.) For the sake of convenience, in order to avoid confusion am bring in clarity, the parties hereinafter have been referred to as they have been arraigned in the trial Court.

(3.) Plaintiff's case is that the land in the suit stood recorded in the name of Ganda Meher. According to the request of the local people the said Ganda Meher had given the suit land for establishment of the village school for temporary period till provision is made by the State by allotting the land for construction of the school building. It is next sail that the school building was constructed over the said suit land.