MOHAN KURUMI Vs. LALSAI KURUMI

JUDGEMENT

(1.) This is a plaintiff's appeal against reversing judgment in a suit for eviction and recovery of possession.

(2.) The case of the plaintiff was that the suit land was recorded jointly in the name of Sabitri Kurumi, his mother along with her two sisters, namely, Janaki and Jayanti. They were in joint possession of the suit land. Jayanti died leaving behind her only daughter-Jhirimiti. In the hal settlement, the land had been recorded in their names. They were in possession of the suit land. They used to pay rent. In the year 1991, the plaintiff raised crops over the suit land. The defendants, who had no semblance of right, title and interest over the suit land, obstructed in harvesting the crops. He filed M.C.Case No.333 of 1991 before S.D.M., Nabarangpur for attachment of the property. By order dated 28.8.1993, the S.D.M., Nabarangpur declared the possession in favour of the defendants. With this factual scenario, he instituted the suit as a power of attorney holder of his mother and mothers' sisters.

(3.) The defendants entered contest and filed written statement denying the assertions made in the plaint. According to them, the suit land originally belonged to three sisters, namely, Sabitri, Jayanti and Janiki. They sold three acres of land to one Parikhita Naik, father of defendant no.3 by means of an unregistered sale deed dated 5.1962 and delivered possession. Parikhita Naik was in possession of the suit land. While the matter stood thus, on 14.1962 Sabitri sold two acres of land to Chera Kurumi and Bhubani Kurumi by means of an unregistered sale deed and delivered possession. On 19.2.1972, Janiki sold a portion of the suit land to defendant no.1 by means of an unregistered sale deed and delivered possession. It is further pleaded that the plaintiff has no right, title and interest over the suit land. The defendants have perfected title by way of adverse possession.