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1971 Supreme(Ori) 110

B.K.PATRA
BALARAM DAS – Appellant
Versus
JAYAKRUSHNA DAS – Respondent


Advocates Appeared:
B.Mohapatra, M.N.DAS

B. K. PATRA, J.

( 1 ) JAYAKRUSHNA Das, Respondent No. 1 brought the suit giving rise to this appeal for declaration of his title to and for confirmation of his possession over, or, in the alternative, recovery of possession of A. O. 78 acre of land as detailed in the plaint schedule and for permanent injunction restraining the appellants who were defendants 1 and 2 in the Court below from disturbing his possession. The disputed property admittedly belonged to one Satyabadi Rath whose son was ramchandra Rath. After Saryabadi's death Ramchandra possessed the disputed properties. According to the case of the plaintiff, Ramchandra Rath died unmarried about 15 years before the institution of the suit leaving behind him his mother shara-dha Dibya and his sister Gelhi Dibya (defendant No. 4 ). Sharadha then possessed the disputed properties and she died about ten years before the institution of the suit leaving behind her daughter Gelhi Dibya as her sole surviving heir. Gelhi possessed the properties thereafter and on 7-4-1964 sold the same to the plaintiff by the registered sale deed Ext. 1 and put him in possession thereof. This is how the plaintiff claims title to and possession over






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