NATABAR NAIK Vs. GURU CHARAN SAHU

JUDGEMENT

(1.) Plaintiff is the appellant against a reversing judgment in a suit for permanent injunction along with a prayer under Section 4 of the Partition Act.

(2.) Case of the plaintiff is that Siba Naik, the predecessor in interest of the plaintiff, died leaving behind two sons, namely, Sindhu and Parbati. Parbati was unheard of and met civil death. Sindhu died leaving behind two sons, namely, Nata, the plaintiff and Bata. A dwelling house stands over the suit land. The suit land is the undivided property of the plaintiff and Bata. The same had been recorded in the name of Siba in the current settlement record of right. The defendant threatened to enter upon the suit land on the premises that he has purchased the share of Bata. The defendant is a stranger to the family. With this factual scenario, he instituted the suit seeking the reliefs mentioned supra.

(3.) The defendant filed written statement stating, inter alia, that after death of Sindhu, there was an amicable partition of the joint family properties between Nata and Bata. Both of them were living in separate mess and property. Though the suit land was recorded as Gaharabari, but it is not used as such. The suit land is used for the purpose of raising seasonal vegetables. After partition, the suit property fell to the share of Bata. Bata alienated A0.04 dec. of land out of A0.07 dec. to him on 18.10.1982, vide Ext.B, for a valid consideration and delivered possession. He is in possession of the suit land.