RAO
BHAGABAN DAS – Appellant
Versus
JAGABANDHU JENA – Respondent
JUDGMENT :
Rao, J. - Defendants file this appeal against the reversing judgment of the Additional Subordinate Judge of Balasore decreeing the Plaintiffs' suit to recover possession of the suit lands described in Schedules Ka and Kha attached to the plaint and awarding Rs. 50/- as damages.
2. The Plaintiffs alleged that they had title to the suit properties and were in possession of the same when on 18-11-1950 the Defendants trespassed upon the same and removed the crops. The Defendants contended that the Plaintiffs had no title to the suit properties and that they were not in possession of the same within 12 years before suit and consequently were not entitled to recover possession and damages.
3. Raghunath Jena, the father of Plaintiffs 2 to 4 purchased a portion of Ka schedule land from Binod Das, father of Defendant 5 and from one Chudamani, mother of Defendants 3 and 4, on 8.7.1924. Again on 28.3-1927 the same Raghunath Jena purchased the remaining portion of the Ka schedule land from Gadu, father of Defendants 1 and 2 daughter of Gadu's brother Mahendra Das. On 31.3.1927 Plaintiff 1 purchased the Kha schedule land from the father of Defendant 5. Kali Charan, the other son of Bino
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