KADAMBINI DEVI AND OTHERS Vs. CHANDRAMANI SENAPATI

JUDGEMENT

(1.) Plaintiffs are the appellants against a confirming judgment in a suit for permanent injunction.

(2.) The case of the plaintiffs was that one Raghunath Singh was the recorded owner of the suit property. After his death, his son, Harekrushna became the owner of the suit property. Harekrushna died in the year 1981 leaving his widow, plaintiff no.1 and sons, plaintiff nos.2 to 9. They became the owners of the suit property. They were in possession of the suit land. Their names had been mutated. They used to pay rent. The defendant had no semblance of right, title and interest over the suit land. The alleged sale deed dated 21.6.1988 executed by the three sons of Radharani, 1st wife of Harekrushna, is void and the defendant had not acquired any right over the same. With this factual scenario, they instituted the suit seeking the reliefs mentioned supra.

(3.) The defendant filed written statement denying the assertions made in the plaint. The case of the defendant was that Raghunath was the owner of the suit land. He had two sons, namely, Rama and Harekrushna. There was a partition amongst the co-sharers. The same was reduced to writing and registered on 22.11.1944. After death of Raghunath, Harekrushna kept a concubine, plaintiff no.1 and plaintiff nos.2 to 9 are their children. The suit property fell to the share of Harekrushna and after his death, his wife, Radharani and sons alienated the suit property. The vendors sold an area of Ac.0.225 dec. out of Ac.0.665 dec. by means of a registered sale deed dated 21.6.88 to the defendant. The plaintiffs had no title over the same. They managed to record their names in respect of the suit land in Revenue Misc. Case No.39/85.