MAHESWAR BAGHA AND OTHERS Vs. BAIKUNTHA BAGHA

JUDGEMENT

(1.) This is defendants' appeal against a confirming judgment.

(2.) The plaintiff-respondent instituted the suit for permanent injunction. The case of the plaintiff was that Biranchi, Judhisthir and Agasti were three brothers. They were separated in mess and property. Though Judhisthir and Agasti were in separate mess and property, but in the settlement ROR the property had been recorded jointly in the name of two brothers. Plaintiff is the son of Agasti and defendants are sons of Judhisthir. Ac.7.48 dec. of land was recorded jointly. The father of the plaintiff was in possession of Ac.3.70 dec. of land. The land was mutated in the name of the plaintiff. The defendants had no semblance of title over the same. With this factual scenario, he instituted the suit seeking the reliefs mentioned supra.

(3.) The defendants entered contest and filed written statement. According to the defendants, father of the plaintiff had got Ac.3.70 dec. out of Ac.7.48 dec. After death of his father, the plaintiff sold an area of Ac.0.05 dec. along with other lands by means of an unregistered sale deed for a consideration of Rs.1000/- to the defendant no.2 and delivered possession. They had constructed their dwelling house. Alternatively they pleaded that they had perfected title by way of adverse possession.