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1986 Supreme(Ori) 62

K.P.MOHAPATRA
SHAKUNTALA DEVI – Appellant
Versus
PADMANAV PADHEE – Respondent


Advocates Appeared:
H.B.DAS, P.K.MISHRA, S.K.DEY

K. P. MOHAPATRA, J.


( 1 ) THIS revision is directed against the judgement and decree passed by the learned Munsif, Panposh in a suit under S. 6 of the Specific Relief Act ('act' for short ). The plaintiff is the petitioner.

( 2 ) THE plaintiff's case in short is that in the year 1973 she acquired schedule 'b' land of the plaint measuring 65' X 40' out of plot No. 533/7 (1) of mouza-Mahulpali within Rourkela town with a house standing thereon from one Narasingh Sahu. Since then she is in possession thereof by making improvements and has installed a flour mill. Defendant 1 (opposite party 1) is in possession of the adjacent land on the eastern side bearing plot No. 533/8 having his house thereon. Between the 30th Oct. and Ist Nov. 1979, defendant 1 in connivance with defendants 2 and 3 encroached upon 27' X 21' of land out of plot No. 533/7 (1) described in greater detail in schedule 'a' of the plaint and constructed a structure thereon without having any right to do so. Therefore, in instituting the suit under S. 6 of the Act, the plaintiff prayed for a decree for possession in respect of schedule 'a' land of the plaint after eviction of the defendants therefrom and for permanent i











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