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1986 Supreme(Ori) 328

K.P.MOHAPATRA
MALU SANDH – Appellant
Versus
MANBODH BAGARTI – Respondent


Advocates Appeared:
J.P. Misra, for the Appellant; P.K. Misra, for the Respondent

JUDGMENT :

K.P. Mohapatra, J. - This revision is against the order passed by the learned Munsif, Bargarh, allowing the amendment of the plaint in T. S. No. 44/83 of his Court. In order to appreciate the contentions raised by the parties, it is necessary to state a few facts.

The plaintiff (opposite party) prayed for a decree for permanent injunction against the defendants (petitioners) in order to restrain them from disturbing his peaceful possession in respect of the suit land with an area of Ac. 2.10 decimals of cultivable land described in detail in schedule 'A' of the plaint. According to his averments, he had purchased the suit land from defendant No. 1 by virtue of a registered sale deed dated 24-5-1961 and since then he has been in Khas cultivable possession thereof. He has also been recorded as a Raiyat in the record of rights. In the year 1982-83, the defendants created disturbance in his possession, obstructed him from raising cropland thereby created a cloud over his title. The defendants, resisting the plaintiff's claim, pleaded that the plaintiff, the sister's husband of defendant No. 1, was a displaced person from the Hirakud Dam Project area and took shelter in his hou





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