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2024 Supreme(Ori) 12

SASHIKANTA MISHRA
Sk. Daud Alli – Appellant
Versus
Ramtun Bibi – Respondent


M/s. Susanta Kumar Dash, K.K. Sahoo, Mr. A. Dhalasamanta, S. Das, N.K. Das & E. Dash, Advocates. (in both the appeals), For the Appellant; M/s. Suvashish Pattanaik, A. Barik, S.K. Dash & B. Moharana, Advocates. (in both the appeals), For the Respondents

JUDGMENT

Sashikanta Mishra, J.

Both these appeals are directed against the common judgment dated 31.10.2016 passed by learned Addl. District Judge, Bhubaneswar in RFA No. 3/2 of 2007/2005 (arising out of T.S. No. 611 of 2000) and RFA No. 18/53 of 2006/2005 (aris.ing out of T.S. No. 765 of 2000). Both the civil suits referred above i.e., T.S. No. 611 of 2000 and T.S. No. 765 of 2000 were also disposed by a common judgment and decree passed by learned Civil Judge (Senior Division), Bhubaneswar on 16.11.2004 and 30.11.2004 respectively.

2. One Mir Saeed @ Saheed was the plaintiff in T.S. No. 611 of 2000, which he filed for declaration of title and permanent injunction. It was his case that he had purchased Ac.1.070 dec. of land appertaining to Hal Plot No. 71 in Hal Khata No. 196 corresponding to Sabik Khata No.256/5 and Sabik Plot No. 25/775 of Mouza Jadupur from the recorded tenant, Sk. Mahammad Ali (defendant) for a consideration of Rs.25,000/- vide registered sale deed No.5187 dated 22.08.1984. The defendant sold him said land after obtaining necessary permission from the Bhubaneswar Development Authority (BDA) and delivered possession to the plaintiff. Since then, the plaintiff has

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