JUDGMENT :

The unsuccessful defendant as the appellant here being aggrieved by the judgment and decree passed by the learned Civil Judge (Senior Division), Berhampur in T.S. No. 130 of 1997 directing him to deliver the possession of the suit land together with the construction standing thereon to the plaintiff-respondent has filed this appeal.

2. Plaintiff’s case is that the defendant was the original owner of the land under plot no. 1820/3235 of khata no.1030/893 of mouza Baidyanathpur in the township of Berhampur in the district of Ganjam. Being the owner in possession of the suit land, the defendant had sold the land measuring Ac 0.020 decimals from out of that plot in total Ac 0.055 decimals to the plaintiff by registered sale deed dated 25.02.1983 for valuable consideration followed by delivery of possession. Accordingly, the plaintiff deriving the title over that purchased land, possessed the same. It is her further case that she had raised foundation for the building over the suit land and then proceeded with the construction of the house which had not been completed. It is alleged that one day in the month of March, 1995 defendant openly declared in the locality that he would