IN THE HIGH COURT OF ORISSA AT CUTTACK

S.A. No.115 of 1988

(In the matter of an appeal under Section 100 of the Code of Civil Procedure, 1908)

Arnapurna Sweta Kar (dead) and others …. Appellants

-versus-

Nikunja Kishore Ratha (dead) and others ..... Respondents

Appeared in this case by Hybrid Arrangement

(Virtual/Physical Mode):

For Appellants - Mr. R. C. Rath,

Advocate.

For Respondents- Mr. B. P. Rath,

Advocate. CORAM:

MR. JUSTICE A.C.BEHERA

Date of Hearing :24.10.2025 :: Date of Judgment :23.12.2025

A.C. Behera, J. This 2^nd appeal has been preferred against the

reversing judgment.

2. The appellants and respondent No.2 in this 2^nd appeal were the defendants before the Trial Court in the suit vide T.S. No.125 of 1981 and respondents before the 1^st Appellate Court in the First Appeal vide T.A.

No.2 of 1987.

The predecessor of the respondent Nos.1(a) to 1(d) in this 2^nd

appeal i.e. Nikunja Kishore Ratha was the sole plaintiff before the Trial

Court in the suit vide T.S. No.125 of 1981 and appellant before the 1^st Appellate Court in the 1^st appeal vide T.A. No.2 of 1987.

3. The suit of the plaintiff-Nikunja Kishore Ratha (respondent No.1 in this 2^nd appeal) before the Trial Court vide T.S. No.125 of 1981 against the defendants (appellants and respondent No.2 in this 2^nd appeal) was a suit for declaration and rectification/correction of the sale deeds dated

21.02.1969 (Ext.2) and 16.01.1981 (Ext.1).

The suit land is Khata No.374, Plot No.563, Ac0.24 decimals in village Baransa.

4. The case of the plaintiff (Nikunja Kishore Ratha) as per the averments made in his plaint against the defendants was that, the suit land originally belonged to the defendant No.1. The defendant No.1 sold the suit land to the defendant No.3 on dated 21.02.1969 by executing and registering a sale deed and the defendant No.3 was possessing the suit land. Then he (defendant No.3) sold the same to the plaintiff on dated 16.01.1981 (Ext.1) by executing and registering the sale deed and delivered possession thereof. The sale deed dated 16.01.1981 (Ext.1) was executed by the defendant No.3 in favour of the plaintiff on the basis of the previous sale deed dated 21.02.1969 (Ext.2) executed by the defendant No.1 in his favour and accordingly, the plaintiff was the owner and in possession over the suit land i.e. over Ac0.24 decimals of suit plot No.563 under Khata No.374. Though, the previous sale deed dated 21.02.1969 (Ext.2) was executed in favour of the defendant No.3 in respect of the suit plot No.563, but inadvertently, instead of Plot No.563, Plot No.562 was written in the said sale deed dated 21.02.1969 and the said wrong writing of plot number in the sale deed dated 21.02.1969 was not within the knowledge of defendant No.3 or the plaintiff. In fact, the sale transaction was made through RSD dated 21.02.1969 (Ext.2) only in respect of the Plot No.563, but not in respect of Plot No.562. As, there was mis-description of Plot No.562 instead of its real Plot No.563 in the sale deed dated 21.02.1969 (Ext.2), the same mistake was repeated in its subsequent sale deed dated 16.01.1981 (Ext.1) executed by defendant No.3 in favour of the plaintiff. But, in fact, the suit Plot No.563 was sold to the plaintiff by the defendant No.3, but not Plot No.562 and the plaintiff is the owner and in possession over Plot No.563 through RSD dated 16.01.1981 (Ext.1).

On dated 26.06.1981, the defendant No.1 threatened plaintiff and claimed Plot No.563 as his land. For which, on that day i.e. on 27.06.1981, the plaintiff came to know for the first time on verification of the sale deeds and revenue records that, there was mis-description of the sold plot number in the previous sale deed dated 21.02.1969 (Ext.2) executed by the defendant No.1 in favour of his vendor i.e. the defendant No.3, for which, the said mis-description had continued in the next sale deed dated 16.01.1981 (Ext.1) executed by the defendant No.3 in his favour. But, in fact, the transacted plot number was 563, but not 562.

The defendant No.