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1984 Supreme(Ori) 184

K.P.MOHAPATRA
DOSHEI DEI – Appellant
Versus
RAMA ROUTA – Respondent


Advocates Appeared:
P.K.MISHRA, S.K.DEY

K. P. MOHAPATRA, J.

( 1 ) THIS revision is directed against the order passed by the learned Munsif, Puri rejecting the plaintiffs' prayer to lead further evidence for proof of documents.

( 2 ) IN order to appreciate the point which arises for consideration it is necessary that the facts pleaded by both parties to the suit be elucidated in brief. The suit land bears C. S. Khata No. 394 with an area of Ac. 0. 27 appertaining to C S Khata No. 1022 in village Samanga with nine standing cocoanut plants. According to the plaintiffs (petitioners), the suit land previously belonged to late Durga Charan Jagdeb Ray. He sold the same in favour of late Jogi Pradhan, predecessor in-interest of the plaintiffs by virtue of a registered sale deed executed on 26-1-1944. Late Jogi Pradhan was in possession thereof. After his death there was a partition amongst his sons and the suit land fell to the share of the plaintiff's branch. The plaintiffs had been in peaceful possession thereof on the strength of their own title. The defendants (opposite parties) own the adjoining C S. Plot No. 395 on the south of the disputed land which they use as homestead. They invaded the plaintiffs right in respect of









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