SUSAMA RANI DHALA Vs. NIRUPAMA BISWAL AND ANOTHER

JUDGEMENT

(1.) Plaintiff is the appellant against a reversing judgment in a suit for permanent injunction.

(2.) The case of the plaintiff is that she purchased Ac.0.18' dec. of land out of Ac.0.673 dec. from the middle east portion appertaining to khata no.228, plot no.336 of mouza-Tangi, Dist-Khurda from the recorded owner by means of a registered sale deed dated 5.1991. Prior to that, defendant no.1 purchased Ac.0.082 dec. of land from the extreme east of the suit plot. Defendant no.1 and her husband, defendant no.2 have constructed a house thereon with boundary wall around it. Her land situates adjoining to the west of the boundary wall of the defendants. When she intended to construct a house, the defendants, who have no semblance of right, title and interest, entered into the suit land and dug earth. With this factual scenario, she instituted the suit seeking the relief mentioned supra.

(3.) The defendants filed written statement denying the assertions made in the plaint. The specific case of the defendants is that they have constructed a dwelling house over Ac.0.046 dec. of land out of Ac.0.082 dec.. The balance area of Ac.0.036 dec. is lying vacant. They have gathered stones in the vacant portion of the land. They have not encroached upon the land of the plaintiff.