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2002 Supreme(Ori) 464

L.MOHAPATRA
RAGHUNATH DEY ALIAS RAY (DEAD) AFTER HIM SMT. PUSPA DUTTA – Appellant
Versus
MAHAMMAD USMAN KHAN – Respondent


Advocates Appeared:
Karunakar Rath, S.N. Sahoo, B. Routray and Rajshree Mishra, for the Appellant; Srinivas Misra (2), S. Mantry, A.K. Mishra, A.K. Sharma, M.K. Dash, R.N. Prusty and P.K. Dash, for the Respondent

JUDGMENT :

L. Mohapatra, J. - Legal representatives of the original defendant No, 1 and the defendant No. 2 are the appellants before this Court against a confirming judgment.

The suit was filed by the respondent for declaration of title recovery of possession and for compensation.

2. The case of the plaintiff-respondent is that the suit land was recorded in the name of Haji Sk. Nasiruddin in 1930 settlement record and while in possession he sold the same to his daughter Haziani Amina Khatun on 14.11.1923. The said Amina Khatun again sold the property to one Saheb Begum under a registered sale deed dated 19.7.1953 and Saheb Begum became the owner in possession of the Suit land. After remaining in possession for about five years the said Saheb Begum sold the property to the father of the plaintiff by a registered sale deed dated 20th January, 1958 and after death of his father the plaintiff is in possession of the suit property which he got by way of partition despite the fact that the same stands recorded in the names of his brothers and s'ister in the Major Settlement. Further the case of the plaintiff is that the hotel which was being run on the suit land was closed down with a conc






















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