D. PRABHAKAR Vs. DILIP NARAYAN LAL

JUDGEMENT

(1.) SECOND party in Crl Misc. Case No. 517 of 1991 of the Court of Sub -Divisional Magistrate, Sambalpur (in short, 'the SDM') has approached this Court challenging the order dated 18.8.97 in which possession was declared in favor of the first party opposite party over the subject matter of dispute. i.e. an area of Ac.2.67 decimals of land in village Kenghati.

(2.) IN the lower Court 1st party claimed title and possession over the case land on the basis of registered sale deed dated 23.3.1991. On the other hand, the 2nd party claimed possession over the case land as a tenant under the erstwhile owner and denied about delivery of possession in favor of the 1st party pursuant to the execution of the read sale deed.

(3.) DURING the course of inquiry both the parties adduced oral and documentary evidence and after completion of that inquiry learned S.D.M. passed the impugned order in which after stating the case of both the parties and without discussing the evidence in record he recorded the finding on possession in favor of the 1st party in the following manner: