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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Mayadhar Behera (Since Dead), Dilip Kumar Behera – Appellant
Versus
Golakh Chandra Pati – Respondent
| Table of Content |
|---|
| 1. appellate jurisdiction and background of the case (Para 1 , 2) |
| 2. factual background of property transaction (Para 3 , 4) |
| 3. findings of the trial and first appellate court (Para 5 , 6 , 7) |
| 4. substantial questions of law presented (Para 8 , 9) |
| 5. arguments regarding limitation and possession (Para 10 , 11 , 12 , 13 , 14) |
| 6. final judgment and conclusion (Para 15) |
JUDGMENT :
Sashikanta Mishra,J.
This appeal is directed against the common judgment passed by learned Addl. District Judge, Keonjhar on 23.9.2013 followed by decree in R.F.A. No.32/2015 of 2013-12 and R.F.A. No.33/2017 of 2013- 12 whereby the first mentioned appeal was allowed and the second mentioned appeal was dismissed. Further, the right, title and interest of the appellant in R.F.A. No.32/2015 of 2013-12 was declared over the suit land and he was directed to be put in possession thereof in Execution Case No.12/2008. Both the appeals as above emanated from order dated 21.3.2012 passed by the learned Civil Judge (Sr. Division), Keonjhar in C.M.A.No.5/2009 filed by the present appellant.
2. For convenience, the parties are referred to by their respective names to avoid confusion.
3. The facts of the case are t
The court established that the application under Order XXI Rule 99 was barred by limitation as it was not filed within the prescribed period from dispossession, clarifying that possession must be act....
The court established that a plaintiff's knowledge of property encroachment is critical in determining the limitation period for filing a suit, and such knowledge must be substantiated by evidence.
The Court upheld the rejection of the plaint, establishing that suits challenging registered documents must be filed within the designated limitation period and emphasized that clever drafting cannot....
Point of Law : An appeal against exercise of discretion is said to be an appeal on principle. The Appellate Court will not reassess the material and seek to reach a conclusion different from the one ....
The Appellate Court erred in denying recovery of possession despite confirming the plaintiff's title, emphasizing that possession without title is unlawful.
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