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2012 Supreme(Ori) 241

M.M.DAS
Sakuntala Subudhi – Appellant
Versus
Subash Chandra Panda – Respondent


Advocates appeared:
For Appellants :M/s. S.P. Mishra, Sr. Advocate, S. Mishra, S. Nanda & Miss S. Mishra
For Respondents: M/s. B. Baug, B.K. Das, S.S. Ghosh, B. Das & S.Rath. (For R. No.1)

JUDGMENT

M.M. DAS, J.

1. The unsuccessful defendants 1 and 2, who are the appellants in this Second Appeal, have challenged the confirming judgments of the learned courts below decreeing the plaintiff’s suit for permanent injunction and directing recovery of possession.

2. The present respondent No.1 as plaintiff filed T.S. No.447 of 2000 in the court of the learned Civil Judge (Senior Division), Bhubaneswar for a decree for permanent injunction by restraining the defendants 1 and 2 (present appellants) perpetually from disturbing the possession of the plaintiff-respondent No.1, which also includes the building. It was, inter alia, pleaded in the plaint that the defendant No.4, who is the present respondent No.3, got the suit land from the General Administration Department of the Government of Odisha by the registered lease deed dated 28.03.1984 (Ext.1) and thereafter, he constructed a building over the suit land and applying for conversion of the suit land to “free hold”, the same was allowed by the G.A. Department and a deed of conveyance was executed in his favour vide Ext.5. Thereafter, the said defendant No.4, through his Power of Attorney – defendant No.5, executed a registere






































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