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2012 Supreme(Ori) 64

ARUNA SURESH
Chandramani Behera – Appellant
Versus
Sunali Rautray – Respondent


Advocates Appeared:
Mr. Subhashish Pattanaik, Adv. for Appellant
Mr. Bibekananda Bhuyan for Respondent

JUDGMENT

ARUNA SURESH. J.

Appellant has challenged the Judgment dated 19.8.1999 & decree dated 3.9.1999 of the 2nd Additional District Judge, Bhubaneswar passed in Title Appeal No. 3/20 of 1999/98 thereby confirming the Judgment dated 5.5.1998 & decree dated 25.6.1998 of the Civil Judge (Junior Division), Bhubaneswar passed in Title Suit No. 72 of 1990 vide which the suit for permanent injunction filed by the Appellant & also counter claim preferred by the Respondents No.2 & 3 seeking declaration of right, title & interest & permanent injunction was dismissed.

2. Appellant in this appeal is the Plaintiff is the Title suit. In brief, case of the Plaintiff is that he was in possession of the suit land as a tenant, in which Nisamani Mohanty was recorded as occupancy tenant, In order to deprive the Plaintiff of his right of possession, Nisamani Mohanty entered into a compromise with Defendants No. 2 & 3 (Respondent No. 2 & 3 herein), who were never in possession over the suit land & alienated a portion of the suit land in their favour through proceedings under Section 9 of the Orissa Land, Reforms Act (hereinafter called 'Act') though said proceedings were not maintainable. After such co
























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