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IN THE HIGH COURT OF ORISSA AT CUTTACK
D.DASH
Raghunath Mohapatra – Appellant
Versus
Khali Rana (Since Dead) through his LRs. – Respondent
| Table of Content |
|---|
| 1. appeal filed against lower court's decree. (Para 1 , 2) |
| 2. plaintiff claims ownership by lease. (Para 3 , 4) |
| 3. trial court finds lease valid. (Para 6 , 8) |
| 4. plaintiff's relief claims opposed by defendants. (Para 9 , 13) |
| 5. defendants' claim of adverse possession rejected. (Para 12 , 14) |
| 6. appeal allowed; plaintiff's rights affirmed. (Para 15 , 16) |
JUDGMENT :
1. The Appellant, by filing this Appeal, under Section-100 of the Code of Civil Procedure, 1908 (for short ‘the Code’) has assailed the judgment and decree 18.02.1986 and 03.03.1986 respectively passed by the learned Sub-Ordinate Judge, Khurdha in Title Appeal No.02 of 1985.
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 Trial Court.
The Plaintiff having applied for lease of the suit land which was lying fallow was so granted by the Tahasildar, Banapur in Lease Case No.647 of 1975. It is stated that such lease had been granted by the Competent Authority by observing all the required legal formalities. After the grant of such lease the records were accordingly corrected. The Plaintiff got the possessi
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