SUREKHA TRIPATHY Vs. NIRMALA PATTNAIK

JUDGEMENT

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

(2.) The case of the plaintiff is that she is the owner in possession of the suit land. She purchased the suit land by means of a registered sale deed no.1723 of 1968. In M.C.No.133 of 1986, the land was demarcated by the Tahasildar on 28.8.1986 in presence of the defendant and her husband. The defendant filed an application before the Tahasildar, Berhampur for demarcation of the land. The Amin visited the spot and demarcated the land in presence of the parties. The defendant and her husband threatened to remove the fence from the suit land. With this factual scenario, she instituted the suit seeking the relief mentioned supra.

(3.) The defendant entered appearance and filed written statement denying the assertions made in the plaint. The case of the defendant is that she acquired 70 x 7 sq.ft. under the instrument dated 9.1.1976. She has not encroached upon the suit land. She is not aware of the demarcation made by the Amin.