MANGULU SETHI Vs. HIRA BAHADUR AND ANOTHER

JUDGEMENT

(1.) This is a plaintiff's appeal against reversing judgment.

(2.) The plaintiff instituted the suit for permanent injunction. The case of the plaintiff was that he is the owner of the suit land. Defendant no.1 has no semblance of right, title and interest over the same. The sale deed dated 23.11992 obtained by defendant no.1 is a fabricated one. Defendant no.1 filed a mutation case before the Addl. Tahasildar, Berhampur, Ganjam, defendant no. The same was dismissed. Thereafter, she instituted T.S. No.109 of 1993 against the plaintiff before the learned Civil Judge (Junior Division), Berhampur. Subsequently, she withdrew the suit. Suppressing the material facts, she initiated another mutation case.

(3.) Defendant no.1 entered contest and filed a written statement denying the assertions made in the plaint. The case of defendant no.1 was that the suit land was recorded in the name of Basanti Padhi in the last settlement. Basanti Padhi sold the suit land to Khaga Sethi by means of a registered sale deed no.2809/69. Thereafter, Khaga Sethi sold the land to her by means of a registered sale deed No.5314 of 1992, after obtaining permission from the competent authority u/s.22 of the Orissa Land Reforms Act. She has title over the suit land. She filed Mutation Case No.2081 of 1996. The same was allowed and accordingly ROR has been issued in her favour. The plaintiff has no right, title and interest over the same.