LINGA ALIAS LINGARAJA GOUDA Vs. KAPALLA BHARAT

JUDGEMENT

(1.) -Defendant No. 1 is the appellant against confirming decisions in both the appeals.

(2.) One Kapala Baya had two sons, Kapala Bharat and Kapala Raghunath, Kapala Bharat filed Title Suit No. 5/83 for declaration of title, correction of Record-of-Rights and for permanent injunction in respect of Ac. 0.21 Cents of land appurtairiing to Khasra No. 57, Survey No. 736 and Kapala Raghunath filed Title Suit No. 6/83 for similar relief in respect of Ac. 0.15 Cents of land appurtaining to Khata No. 57 and Survey No. 729. Defendants 1 to 6 were common in both the suits. During the pendency of Title Suit No. 5/83. Kapala Bharat expired and his two sons were substituted as plaintiff Nos. 1(a) and 1(b) whereas daughters were substituted as proforma defendants 8 to 11 in the said suit, defendants 5 and 6 in each of the suits are respectively the Collector, Ganjam and Tahsildar, Digapahandi. Defendants 1 and 2 are sons of late Mohan Gouda, whereas defendants 3 and 4 are res- pectively the widowed daughter-in-law and grandson.

(3.) As per the plaintiff's case in each of the suits, Kapala Baya had purchased the disputed properties by registered sale deed dated 4.5.1932 from the recorded owner. It is claimed that the defendants without any right tried to interfere with the possession of the plaintiff and in the Record-of-Rights there is erroneous recording of note of possession of defendants 1 to 4. On the aforesaid allegations, both the brothers filed two separate suits.