SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2006 Supreme(Ori) 865

P.K.TRIPATHY
KASINATH MUDULI – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
R.C. Mohanty and R.K. Mohanty, for the Appellant; P.K. Khuntia, Additional Government Advocate, for the Respondent

JUDGMENT :

P.K. Tripathy, J. - Heard further argument and perused the judgment of the Trial Court.

2. Plaintiffs filed Title Suit No. 36 of 1976-1 seeking a decree of declaration of right and title, confirmation of possession and permanent injunction against the Defendants on the ground that the suit property belonging to the ex-intermediary (Sarbarakar) was settled in favour of their transferee Lingaraj Hota as per Order dated 28.09.1974 in Misc. Case No. 1257 of 1968 (Ext. 1) and thereafter they (Plaintiffs) jointly purchased that land under registered sale deed dated 24.01.1976 and took possession of the land and possessed the same asserting right, title and interest. Certified copy of that sale deed is Ext.4. Defendant No. 1, i.e., State of Orissa, taking advantage of the settlement record showing the disputed property as 'Anabadi' land (waste land), started making lease of the said land in favour of Defendants No. 2 to 9 for fishery purpose giving rise to the dispute and the cause of action for the suit. Accordingly, Plaintiffs filed the suit for the aforesaid relieves. Defendant No. 1 and also Defendant Nos. 2 to 9 filed separate written statements, but the plea advanced by the










Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top