RAJKISHORE SAHU Vs. AJIT KUMAR CHOUDHURY AND ORS.

JUDGEMENT

(1.) PLAINTIFF has filed this appeal against a confirming decision dismissing the suit for permanent injunction.

(2.) THE case of the Plaintiff is that he is the owner of plot No. 19/3646/4863 measuring Ac 0.56 decimals appertaining to Khata No. 1242 and plot No. 19/3908 with an area of Ac.0.24 decimals under Khata No. 164 of mauza Paschima Badagada having purchased the same from the previous recorded owner Kapila Barik. The disputed land belongs to State Government and is adjacent to the land of the Plaintiff. It connects the land of the Plaintiff with the Cuttack -Puri Road and is used by the Plaintiff for going to Cuttack -Puri Road. The Defendants without any right over the disputed land were trying to block the said land

(3.) THE Plaintiff examined himself in support of his case. Plaintiff also proved Exts. 1 and 2 which are non -final Parchas wherein the disputed land was shown to be a road. The trial court dismissed the suit on the ground that the previous final Record -of -Rights was not filed to prove that the disputed land was a road and Exts. 1 and 2 being not -final Parcha could not be relied upon and since no other witness except the Plaintiff had been examined to prove that the disputed land was being used as a road, the Plaintiff was not entitled to the relief of permanent injunction.