Rajkishore Biswal vs Sikhar Behera - 2024 Supreme(Ori) 128

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Ori) 128

IN THE HIGH COURT OF ORISSA AT CUTTACK
D.DASH
Rajkishore Biswal – Appellant
Versus
Sikhar Behera – Respondent

Advocates Appeared:
For the Appellant : Mr. Pronoy Mohanty, Adv.

Table of Content
1. jurisdiction of second appeal under cpc (Para 1 , 2)
2. tenancy and land possession claims (Para 3 , 4)
3. trial court's findings and appellate review (Para 5 , 7)
4. legal implications of unregistered agreements (Para 6 , 8)
5. final orders and directions regarding possession (Para 9 , 10)

JUDGMENT :

1. The Appellants, by filing this Appeal under Section-100 of the Code of Civil Procedure, 1908 (for short, ‘the Code’), have assailed the judgment and decree dated 22nd July 2022 and 5th August 2022 respectively passed by the learned District Judge, Nayagarh in R.F.A. No.06 of 2019.

The suit having been dismissed, the Respondents as the unsuccessful Plaintiffs had carried Appeal under section-96 of the Code. The First Appeal has been allowed in part directing the Appellants (Defendants) to vacate the suit land within a month failing which the possession would stand recovered from them in favour of the Respondents (Plaintiffs) following due process of law. These Appellants, therefore, being the aggrieved the Defendants having suffered from the judgment and decree passed by the Frist Appellate Court have filed this Second Appeal.

3. Plaintiff’s Case: -

4. The Defendants by fi

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