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2017 Supreme(Ori) 844

A.K.RATH
Kailash Chandra Mohanty – Appellant
Versus
Jayanti Priyadarsini Mohanty – Respondent


Advocates Appeared:
For the Appellants : Mr. Abhijeet Pal

JUDGMENT :

A.K. Rath, J.

This is plaintiffs’ appeal against a reversing judgment in a suit for perpetual injunction.

2. Case of the plaintiffs is that the suit scheduled land, appertaining to Khata No. 71/1/67, Plot No.499/551, Ac.0.12 dec. (Scheduled-Kha) and Khata No.4, Sabik Plot No. 499, Ac.0.14 dec. (Schedule-Ka), village-Bangriposi in the district of Mayurbhanj, originally belonged to Annapurna Dei. She sold Schedule-Kha land to the original plaintiff-Bijayram Mohanty by means of a registered sale deed dated 24.1.1961 for a valid consideration. Thereafter, possession was delivered to the vendee. The plaintiff was in possession of Schedule-Kha as well as Schedule-Ka land by putting green fence. Both the plots are in a compact one. He constructed his residential house over a portion of the plot. After death of Annapurna, her son defendant no.5 executed a sale deed in respect of Ac.0.30 dec. of land and Ac.0.09 dec. of land from plot nos.499 and 498 respectively in favour of defendant no.1 on 20.11.1979. The defendants, who had no semblance of right, title and interest over suit schedule property, created disturbance. With this factual scenario, he filed the suit seeking the relief
























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