JASHODA MAHANA Vs. SHIBASHANKAR MAHANA

JUDGEMENT

(1.) Plaintiff is the appellant against a reversing judgment in a suit for permanent injunction.

(2.) The case of the plaintiff is that she is the daughter of the defendant no.2. She purchased the property along with one Harihar Sahu and Dasarathi Sahu by means of a registered sale deed dated 03.06.65 for a valid consideration. Possession was duly delivered to them. The property was partitioned amongst the three persons. The suit land fell to share of the plaintiff. When defendant no.1 started a construction, she instituted the suit seeking the relief mentioned supra.

(3.) The defendants entered contest and filed a written statement denying the assertions made in the plaint. The case of the defendants was that the description of the suit land is vague. The name of the plaintiff had been wrongly recorded in the M.S. R.O.R. The plaintiff had produced a sale deed dated 03.06.65 by making interpolation, whereafter her name was recorded. Even though the suit land had been recorded in the name of aforesaid persons, the suit land was allotted to defendant no.2. He was in possession of the same. He sold the land by means of a registered sale deed dated 10.11.78. In the draft consolidation land register, the name of defendant no.1 had been recorded. The said order attained finality. The plaintiff was not in possession of the suit land. The suit for permanent injunction was not maintainable.