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2011 Supreme(Ori) 535

ARUNA SURESH
GUNJAR BEWA – Appellant
Versus
NAKULA LENKA – Respondent


JUDGMENT :

Aruna Suresh, J. - Impugned in this appeal is the judgment dated 24.12.1985 and decree dated 10.1.1986 of the First Appellate Court whereby the judgment dated 17.3.1981 and decree dated 2.4.1981 of the Munsif, Dhenkanal(Civil Judge, Junior Division) has been reversed.

2. Appellant herein (plaintiff) filed a suit being T.S. No.26 of 1976 for permanent injunction in respect of property in Plot No.3906 Khata No.2099 of last settlement situated in Dhenkanal town measuring an area of Ac.0.42 decimals against the respondents herein (defendants) seeking following reliefs:

(a) for a decree of permanent injunction restraining the defendants not to dismantle the house of the plaintiff standing on the suit plot either by themselves or through any of their agencies.

(b) for a decree directing the defendants not to go over the suit land till the title to the suit land is declared by competent authority.

3. Case of the plaintiff is that the suit land is a Government land. In the remark column of last settlement (Ext.3-khatian), he has been shown in forcible possession of the land since 1944. An encroachment Case No.50 of 1966 was initiated by Tahasildar, Dhenkanal against him. Vide order d

























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