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2024 Supreme(Ori) 116

IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Kalia Karna – Appellant
Versus
Kaikei Sethi – Respondent


Advocates Appeared:
For the Appellants :Mr. S.P.Mishra, Advocate
For the Respondents:Mr. P.K.Nayak, Advocate

Table of Content
1. claim of title over ancestral property. (Para 1 , 3 , 4)
2. issues framed and trial court's findings. (Para 6 , 7)
3. arguments regarding the burden of proof. (Para 8 , 9 , 10)
4. court's analysis on possession and title. (Para 11 , 12 , 13)
5. judgment reversal and decree in favor of plaintiff. (Para 14 , 15)
JUDGMENT :

This is an appeal filed against a confirming judgment passed by the learned Additional District Judge, Boudh in RFA No. 12 of 2004 on 30.07.2005 followed by decree whereby the judgment passed by learned Civil Judge, Junior Division, Kantamal on 25.09.2004 in T.S. No. 06 of 2002 was confirmed. The plaintiff of the above suit is the appellant herein.

3. The aforementioned suit was filed by the plaintiff for declaration of his title over the suit land and for recovery of possession. The plaintiff’s case is that the suit land appertaining to Hal plot No. 908 under Khata No. 224 situate in village Digi measuring Ac. 0.04 decimals, is his ancestral property and was partitioned among the co-sharers after death of his father, Daitari Karna. He claims to have been allotted an area measuring Ac. 11.25 decimals in the family partition. There is a dilapidated house

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