ANANTA CHARAN DAS Vs. RAMESWAR PANDA

JUDGEMENT

(1.) This appeal at the instance of the defendants assails the affirming judgment of the learned Civil Judge (Senior Division), Kendrapara in Title Appeal No.10 of 1988.

(2.) Plaintiff-Respondent no.1 instituted the suit for perpetual injunction. Case of the plaintiff is that suit land originally belonged to ex-ruler of Burdhwan. He executed a sale deed in favour of Kadambini Mishra. Kadambini was in possession of the land. To press her legal necessity, she sold the land to him by means of a registered sale deed dated 06.03.1978 for a valid consideration and delivered possession. When defendant no.1, who has no semblance of right, title and interest over the land created disturbance, he instituted the suit.

(3.) Defendant no.1 filed written statement pleading inter alia that he has constructed residential house over the suit land. He is in possession of the suit land. Kadambini had no title over the suit land. Thus, no title passes by virtue of the sale deed.