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2001 Supreme(Ori) 130

P.K.MISRA
Kangali Ch. Sahu – Appellant
Versus
Duryodhan Sahu – Respondent


Advocates:
For Appellants:M/s. S. Misra-2, S. Mantry, A.K. Misra and A.K. Sharma
For Respondents:M/s. Surya Prasad Mishra, Samir Ku. Mishra, M. R. Mohanty, Sk. Q. Mohammed and M. R. Panda. (Rs. 1 and 2)

JUDGMENT

P. K. MISRA, J. — Plaintiffs are the appellants against a confirming decision. The suit was for declaration of title, confirmation of possession and permanent injunction. According to the plaintiff’s case, the disputed land measuring Ac. 0.02 decimals is a part of the plaintiffs’ land and had been so re¬corded in the previous Record-of-Rights. However, during the Hal Settlement, erroneously a reduced area was recorded in the names of the plaintiffs and the disputed portion lying towards western side of the plaintiffs’ homestead portion has been amalgamated within the defendants’ land.

2. The defendants in their written statement while denying the plaint allegations claimed that the disputed land is a part of their homestead. It was further pleaded that in case it is found on measurement that the disputed land was part of the plaintiffs’ land, plaintiffs' right cannot be declared as the defendants had acquired title by adverse possession.

3. The trial Court dismissed the suit on the finding that the plaintiffs failed to prove that the disputed land was part of their other homestead land. In appeal, the decree of the trial Court having been confirmed, the present Second Appe






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