SUDAM CHARAN SAHU Vs. ANGUL UNITED CENTRAL

JUDGEMENT

(1.) This is a plaintiffs' appeal against confirming judgment in a suit for permanent injunction.

(2.) The case of the plaintiffs is that they came to Angul in the year 1944 and purchased Ac.0.12 dec. of land appertaining to Holding No.1/265. There was a dilapidated house on the Government land appertaining to sabik plot no.590/683, which corresponds to hal plot no.1267. Plaintiff no.1 repaired the building and occupied the same. Thereafter he constructed the house and used the same as godown and cattle shed to the knowledge of the Government. Plaintiff no.2, his son-in-law, is in possession of the house after plaintiff no.1. While matter stood thus, the Tahasildar initiated Encroachment Case No.86/88-89. The same is sub-judice. The defendants, a Cooperative Bank, had no semblance of right, title and interest over the suit land. But then the defendants created disturbance in their possession on 2.10.1988. With this factual scenario, they instituted the suit.

(3.) The defendants entered contest and filed written statement denying the assertions made in the plaint. According to them, the suit is hit under Section 127 of the Orissa Cooperative Societies Act and Sec.38 of Specific Relief Act. The suit land has been leased out in their favour by the Government in Misc.Case No.314 of 1941-42. The land has been recorded in their favour. The defendants are in possession of the suit land. In order to garb the suit property, the plaintiffs, with the help of R.I., initiated encroachment case.