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1984 Supreme(Ori) 86

R.C.PATNAIK
BHIKARI CHARAN – Appellant
Versus
BASANTI – Respondent


Advocates Appeared:
A.N.MISHRA, B.K.NAYAK, B.Routray, G.RATH, N.C.PANIGRAHI, R.K.MOHAPATRA, U.C.Panda

R. C. PATNAIK, J.


( 1 ) THIS revision has been occasioned by the rejection of an application filed by the defendant 1 petitioner for acceptance of a document during recording of the evidence for defendant 1.

( 2 ) OPPOSITE parties Nos. 1 and 2 filed Original Suit No 145 of 1979 for deletion of the entry against plot No. 1955 in the record-of-rights that defendant 1 was in possession on the basis of an oral sale in 1966 and for correction thereof by recording the names of plaintiff 1 and Radhakanta Math, pro forma defendant 2, and for permanent injunction restraining defendant 1 from interfering with their possession.

( 3 ) PLAINTIFF 1 is the widow of one Satrughna Patra and plaintiff 2 is her son. Satrughna purchased the disputed land by a registered sale deed Dt. 18-2-58. He possessed the same until his death in 1959. Thereafter the plaintiffs were in enjoyment. During the Hal Settlement operations, defendant 1 manipulated to obtain a note that he was in possession on the basis of an oral sale in 1966. The plaintiffs alleged that the north half belonged to them and the southern half belonged to pro forma defendant 2.

( 4 ) THE petitioner controverting the allegations averred th













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