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2018 Supreme(Ori) 295

A.K.RATH
Bansidhar Panda (since dead) – Appellant
Versus
Pravakar Panda – Respondent


Advocates Appeared:
For the Appellants : Dr. Sujata Dash, Adv.
For the Respondents: Mr. Buddhiram Das, Adv.

JUDGMENT :

Dr. A.K. Rath, J.

Defendant no.1 is the appellant against a confirming judgment.

2. Plaintiff-respondent no.1 instituted the suit for declaration of title, confirmation of possession, recovery of possession in the event he is dispossessed during pendency of the suit and permanent injunction. Case of the plaintiff was that the suit property originally belonged to Kasinath Panda and others. To press the legal necessity, they sold the suit land to the plaintiff by means of a registered sale deed dated 26.9.1962 for a valid consideration and thereafter delivered possession. He is in possession of the suit property. When defendant nos.1 and 2 created disturbance in his possession, he instituted O.S. No.194/72 of 64-I through mother guardian in the court of the Munsif, Puri for declaration of title, confirmation of possession and permanent injunction. The suit was decreed. It was further pleaded that he had purchased Plot No.2262 measuring an area of Ac.25 ½ dec. as per ROR published in the year 1977. The said plot was divided into three plots viz. Plot Nos.2444, Ac.0.02 dec., 2445 Ac.0.06 dec. and 2448 Ac.0.16 dec. in the ROR published in the year 1977. Hal Plot Nos.2445 and 244


























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