JAIDHAR @ JAIDEB PRADHAN Vs. URKULI KUMAR

JUDGEMENT

(1.) Dr.A.K.Rath, J. Defendant no.5 is the appellant against the confirming judgment.

(2.) Manohara Kumra, predecessor-in-interest of respondent nos.1 to 7 instituted the suit for declaration of title, recovery of possession and consequential reliefs. The case of the plaintiff was that he had purchased the suit land from Gajendra Pradhan, father of defendant nos.12 and 13, Jaladhar Pradhan, father of defendant nos.18 to 21, Ratha Pradhan, defendant no.4 and his son Jaidhar 2 Pradhan, defendant no.5 by means of a registered sale deed dated 4.1.1962. He was in possession of the suit land. On 13.9.1971, the defendants forcibly dispossessed him from the suit land. Thereafter, a proceeding under Sec.145 Cr.P.C. was initiated before the SubDivisional Magistrate, Sundargarh. In the said proceeding, possession of the defendants was declared. With this factual scenario, he instituted the suit seeking the reliefs mentioned supra.

(3.) Defendant nos.1 and 8 filed written statement supporting the case of the plaintiff. Defendant no.5 filed written statement denying the assertions made in the plaint. His case was that the suit properties were the joint family properties. The properties were not partitioned by metes and bounds. He had not alienated the suit land in favour of the plaintiff. The sale deed is fabricated.