MAHESH KUMAR MISHRA (SINCE DEAD THROUGH HIS LR ) Vs. BHAGWAN SINGH (SINCE DEAD THROUGH HIS LRS ) AND ANOTHER

JUDGEMENT

(1.) This appeal by the plaintiff assails the affirming judgment passed by learned Civil Judge (Senior Division), Rourkela, in Title Appeal No.2 of 1991.

(2.) Plaintiff-Appellant no.1 instituted the suit for declaration that the agreement dated 16.9.1981 allotting the shop room in favour of defendant no.1 is a forged one, defendant no.1 has no title over the suit property and permanent injunction.

(3.) Case of the plaintiff is that after obtaining diploma in I.I.T., he approached Orissa Industrial Infrastructure Development Corporation, Bhubaneswar, (IDCO)-defendant no.2 on 20.06.1976 for setting up an automobile repairing centre. Defendant no.2 allotted the shop room in his favour by means of a lease deed. Subsequently, the plaintiff switched over to bakery business in the year 1981. He appointed defendant no.1 as supervisor on monthly salary of Rs.750/-. By end of January, 1985, he came to know that defendant no.1 committed irregularities in running the business. Taking advantage of his illness, defendant no.1 managed to get the premises recorded in his name in collusion with defendant no.2 by practising fraud and manufactured the documents. On 6.5.1985, defendant no.1 claimed to be the owner of the suit premises. Defendant no.2 has no authority to substitute the name of the plaintiff by inserting the name of defendant no.1 in the record.