JAGANNATH MAHAPRABHU AND ORS. Vs. RAMA SAHU

JUDGEMENT

(1.) PLAINTIFFS are the Appellants. They have preferred this appeal against the decision dated 28 -11 -1964 of Sri K.C. Rath, additional Subordinate judge and Tribunal, Puri, passed the Title Appeal No. 22/47 of 1964.

(2.) THE suit -property is a homestead land appertaining to plot No. 622 measuring Ac -030 decimals in Khata No. 120/630 of Markandeswar Sahi in the town of Puri with a house thereon. This property belongs to Lord Jagannath who is Plaintiff -1 and of whom Plaintiffs 2 to 4 are the Marfatdars. This title of the Plaintiff is admitted by the Defendants.

(3.) THE Defendant denied monthly tenancy, and claimed occupancy right in the suit land. According to him this property was recorded in the name of Chandra Barik as occupancy raiyat in respect thereof in the Provincial settlement record of rights. One Somanath purchased the occupancy right of Chandra Barik in the suit property in an auction sale, and came into possession of the same. Later on Somanath sold the suit -property to Jagu Pal by a registered sale -deed since when the vendee was in possession as an occupancy raiyat till his death. Thereafter his daughter, Radhamani Ballika and Chandra Bewa sold away the same to the mother of the Defendant by a registered sale -deed dated 5.8.1923 and also delivered possession thereof. He denies Plaintiff's averment that Malati and her predecessor -in -interest were monthly tenants under the Plaintiff. In the alternative the Defendant contends that he has prescribed his right of occupancy in the suit -property, and accordingly the suit must fail.