HADU PARIDA Vs. SANA GOBINDA MISRA

JUDGEMENT

(1.) THIS is a plaintiffs second appeal against the reversing judgment dated 31-3-64 passed by Sri G. Panda, Additional Subordinate Judge in Title Appeal No, 39/64 (T. A. No. 119/61 G. D. C. ).

(2.) THE plaintiff filed Title Suit No. 2/59 in the Court of Munsif, Aska, for declaration of right, title and interest in respect of 10 Bharanams of suit-land fully described in the plaint schedule and for an injunction restraining the defendant from taking delivery of possession of the same in execution of the decree passed in T. M. S. No. 158/50 of the court of Munsif. Aska. or in the alternative for recovery of possession of the same, if it is found that the suit-lands have been delivered to the defendant on 9-12-58 in pursuance of the execution of the decree in T. M. S. No. 158/50.

(3.) ORIGINALLY there wore 1. 2 items of property enumerated, in the plaint, schedule. The defendant joined issue only with regard to items 1, 6, 7 and 8 of the schedule covered by survey Nos. 945 and 557 comprising an area of 2. 15 Bharanams. Accordingly the decree of the Munsif in regard to other items of property viz. , items 2 to 5 and 9 to 12 declaring the plaintiff's title and restraining the defendant from interfering with his possession Is no longer in dispute and therefore would stand.