The sale of land must be backed by the required permission as per law, and the description of the land in the sale deed must conform to the order of permission.

JUDGMENT

D. Dash, J. - The Appellants, by filing this Second Appeal under Section 100 of the Code of Civil Procedure (for short, 'the Code'), judgment and decree dated 22.12.2007 and 02.01.2008 respectively passed by the learned District Judge, Keonjhar, in R.F.A. No.5 of 2007.

By the said judgment and decree, the First Appellate Court, while dismissing the Appeal filed by these Appellants under Section 96 of the Code, has confirmed the judgment and decree passed by the learned Civil Judge, Junior Division, Keonjhar in C.s. No.24 of 2004. Thus, the suit filed by the Respondent as the Plaintiff as against the present Appellants arraigning them as the Defendants has been decreed granting the relief of permanent injunction as prayed for by the Plaintiff in restraining the Defendants, their agents and servants are permanently from entering upon the suit land and causing damage to the same. These Appellants-Defendants have also been directed to pay a sum of Rs.650/- towards the damage.

2. For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to, as they have been arraigned in the Suit.

3. The Plaintiff's case, in short, is that the suit land originally belonged to the Deity Sri Baladevjew Bije Nizgarh. The Endowment Commissioner, Odisha having permitted to sell the suit land, the Sub- Divisional Officer-cum-Executive Officer, Debottar, Keonjhar sold the land to the Plaintiff by registered sale deed no.1405 of 1989. It is stated that after due demarcation of the ;suit land, the possession of the same was delivered to the Plaintiff and accordingly, he is in possession of the same since the year 1989 and has been raising paddy etc. It is further stated that on the strength of the registered sale deed and the possession pursuant to the same, the land in the suit has been mutated in his name and accordingly, he is paying the land revenue to the State. The Defendants being strangers are having no right, title and interest or possession over the suit land. Being rowdy in nature, it is alleged that all of a sudden, they came over the suit land on 26.07.2004 and damaged the pillars put by the Plaintiff over the land. The Defendants did not listen to the protest. The matter was then reported at the Police Station and as no such action was taken, the suit for the relief, as stated above, has been filed.

4. The Defendants, in their written statement, while traversing the plaint averments, have raised the question that the suit land is indefinite and is not properly identified. Elaborating the same, it has been stated that when the suit plot no.405 is bounded towards north and east by road, south by the land of Dayanidhi Jena and west by the land of the Defendants, the said plot of land is in their possession since the time of their father Nundu Majhi. It is also stated that the permission for selling the suit land was not given by the Endowment Commissioner and, therefore, the sale on the basis of which the Plaintiff claims to have become the owner of the suit land and claims to be in possession being so delivered by the Executive Officer are invalid and untenable in the eye of law. They have called upon the Plaintiff to establish all the detail foundational facts in support of his claim of ownership and possession of the suit land.

5. The Trial Court, on the above rival pleadings, having framed seven issues, has first of all answered issue nos.3 and 4 taken together for decision in favour of the Plaintiff that he is the owner in possession of the suit land. Practically, answers on those issues has laid the Trial Court to pass a decree as prayed for.

The Defendants being aggrieved by the judgment and decree passed by the Trial Court had carried the Appeal which has been dismissed. Hence, the Second Appeal at their instance wherein they have questioned the decree passed by the Courts below in permanently restraining them from going over the suit land and also to pay damage, as sta