MRUTYUNJAYA MAJHI Vs. GOPINATH MAJHI

JUDGEMENT

(1.) Defendant is the appellant against a reversing judgment.

(2.) The plaintiff-respondent instituted a suit for declaration of right, title and interest over the suit land, confirmation of possession and permanent injunction. The case of the plaintiff was that the suit land originally belonged to one Baishnab Majhi. Baishnab along with his daughter, Kunti sold the suit land to him for a consideration of Rs.15, 000/- by means of a registered sale deed dated 04.09.1991 and delivered possession. In December 1991, the defendant initiated a proceeding under Sec.144 Cr.P.C. and forcibly removed the paddy crops. The defendant made a claim over the suit land on the basis of a false and fictitious sale deed alleged to have been executed by Baishnab. Baishnab had never executed any sale deed in favour of the defendant. The defendant had no title or possession over the suit land. With this factual scenario, he instituted the suit seeking the reliefs mentioned supra.

(3.) The defendant entered contest and filed a written statement denying the assertions made in the plaint. According to defendant, the original owner, Baishnab Majhi, sold the suit land to him for a consideration of Rs.12, 000/- by means of a registered sale deed dated 18.04.1991 and delivered possession. Since the date of purchase, he is in possession of the suit land as owner thereof. The plaintiff has no semblance of title and possession over the land.