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1977 Supreme(Ori) 48

S.ACHARYA
Suna Majhi – Appellant
Versus
Bhairab Prasad Behera – Respondent


Advocates Appeared:
S. Misra-2 and S.K. Mohanty, for Appellant; S.Kr. Mohanty and S.S. Das, for Respondent.

Judgement

JUDGMENT :- One of the two plaintiffs has preferred this appeal. The other plaintiff (plaintiff No. 1) Majhia Majhi, died during the pendency of Title Appeal No. 61/71 filed by the defendant in the lower appellate court. It is not necessary for me in this appeal to state in detail the respective cases put forward by the plaintiffs and the defendant. Suffice it to say that the plaintiffs suit was for declaration of title to and recovery of possession of the suit land on the averments that the plaintiffs are the owners of the suit land and while they were in possession of the same the defendant forcibly dispossessed them from the same in Jestha, 1969. The defendant claims the suit land on the allegation that he has been in long possession of the same and that the plaintiffs do not have any right, title and interest therein.

2. The trial court declared that the plaintiffs had right, title and interest over the suit land, and that they were entitled to recover possession of the same through court.

Against the said decision the defendant filed Title Appeal No. 61/71 in the lower appellate court. When the said appeal was pending the Advocate for the plaintiffs-respondents in the













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