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2018 Supreme(Ori) 670

A.K.RATH
Bhaskar Chandra Barik – Appellant
Versus
State of Orissa – Respondent


Advocates Appeared:
For Appellants :Mr. Budhiram Das, Advocate.
For Respondent: Mr. Swayambhu Mishra, ASC

JUDGMENT

Dr. A.K. RATH, J. - This is a plaintiffs’ appeal against confirming judgment.

2. Ananda Barik, predecessor-in-interest of the appellants as plaintiff, instituted the suit for declaration of title, confirmation of possession and permanent injunction. Case of the plaintiff was that suit plot was originally recorded in the name of Bharat Samrat represented through P.W.D. Department in the R.O.R. published in the year 1927 with a note of possession of Dharma Lenka and others. In the year 1933, the other persons handed over the possession of Ac. 0.06 dec. out of total extent of area Ac. 0.13 dec. to Dharma Lenka for a consideration of Rs. 30/- Ac. 0.02 dec. belonged to Dharma. He occupied Ac. 0.04 dec. of land adjoining to his own share. After death of Dharma Lenka, his successors Dinabandhu Lenka and Chintamani Lenka executed a sale deed on 17.11.1965 in respect of a portion of suit plot and delivered possession to Madhabananda Pradhan. On 04.04.1970, Madhabananda Pradhan alienated the suit land in favour of the plaintiff for a valid consideration. The plaintiff had constructed a residential house over the said property. The possession of the plaintiff was with the full knowl



















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