DAMODAR BEHERA Vs. BANABEHARI MOHANTY

JUDGEMENT

(1.) -Defendants 1 and 2 have filed this appeal against a reversing decision of the lower appellate court declaring right, title and interest of the plaintiff-respondent No. 1 over the disputed land and confirming his possession and granting an order of injunction.

(2.) According to the plaintiff's case, the disputed property stood recorded in the name of the Sankari Bewa who died about forty years back prior to the filing of the suit leaving behind her only son Baidhar who had three sons. Harmohan the father of defendant No. 1, Baburam the father of defendant No. 2 and Madhusudan defendant No. 3. On the death of Harmohan and Baburam, Madhusudan became the "Karta" of the famly and subsequently sold the disputed property by a registered sale deed dated 5.11.1962 for legal necessity and the plaintiff remained in possession of the disputed land. Thereafter, the plaintiff got his name mutated in the mutation proceeding. Defendants 1 and 2 filed an application for mutation in November, 1974 and disturbed the possession of the plaintiff in the month of December, 1974. Thereafter, the plaintiff filed the suit for declaration of title, confirmation of possession or in the alternative recovery of possession.

(3.) Defendant No. 3 remained ex parte. Defendants 1 and 2 in their joint written statement claimed that Sankari Bewa had left behind a daughter, named Rambha who died about thirty years back leaving behind her three sons, Harmohan, Baburam and Madhusudan. The validity of the sale deed in favour of the plaintiff was challenged by them.