D.P.MOHAPATRA
NANDA KUMAR PRASAD – Appellant
Versus
ABHIJIT BISWAS – Respondent
JUDGMENT :
D.P. Mohapatra, J. - The core question that fairs for determination this case is whether a suit fifed u/s 6 of the Specific Relief Act, 1963 (for short the Act') altering illegal dispossession of the plaintiffs from the disputed property is maintainable against a person who has valid title to it,
2. This revision petrtion is directed against the judgment and decree dated 28-10-1987/7-T.1-1987 of the Subordinate Judge, Rourkefa in T. S. No. 41 of 1982 decreeing the suit. The factual backdrop of the case leading to the present proceeding may be shortly stated thus : The opposite parties 1 and 2, Abhijit Biswas and Samarjit Biswas filed the suit under Sec 6 of the Act against the petitioners Nanda Kumar Prasad and Bijy Kumar Prasad and opposite party No. 3 Ranjit Biswas brother of opposite parties land 2 seeking recovery of possession of the suit land by evicting the petitioners from it. The suit land is described in Schedule-A to the plaint as Rayatri land bearing Major Settlement Plot No. 760 measuring an area of A3. 035 decimals (Thirty-five decimals in Khata No. 428 (Kha) of Rourkela Town,. Tahasil Pinposh, District Sundargarh The case of the plaintiffs was that they nego
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