RAMA CHANDRA MAJHI Vs. HAMBAI MAJHI

JUDGEMENT

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

(2.) Suit is for declaration of Title and delivery of possession of 3 mans 23 gunths 15 biswas 8 gandas of land in Plot Nos. 117, 118, 123, 128 and 129 in Khata No. 82/1 in Mouza Jodapokhari of Rairangpur Subdivision which is in Mayurbhanj district.

(3.) Case of the plaintiff is that suit land belonged to his father. It was in his possession till his death in or about the year 1950. Plaintiff as the only son inherited the same and continued to be in possession. In 1970 plaintiff filed mutation case No. 2236 of 1970 before the Tahasildar, Rairangpur to get all lands of his father including the suit lands mutated in his name. Defendant objected to the mutation of the suit lands on the ground that in the year 1927 father of the plaintiff sold the same to father of the defendant. Defendant also applied for mutation in his name in respect of the suit land. Tahasildar rejected the prayer of the plaintiff for mutation of the suit lands in his name by order dated 14-8-1971 and mutated the same in name of the defendant by order dated 4-2-1972. During pendency of the mutation proceedings defendant sporadically disturbed in the possession of the plaintiff in respect of some of the disputed land. After the mutation in his favour defendant dispossessed the plaintiff from the entire suit land on or about 28-5-1972. Plaintiff claimed that his father never sold the suit lands to the father of the defendant and the alleged sale deed was most probably created by forgery which was never acted upon by the plaintiffs father.