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2025 Supreme(Online)(Ori) 6836

ORISSA HIGH COURT
A. C. Behera, J.
Manoranjan Mohapatra v. Santwana Mohanta
S. A. No. 141 of 1995



1. This 2nd appeal has been preferred against the reversing judgment.

2. The appellant in this 2nd appeal was the sole plaintiff before the trial court in the suit vide T.S. No.36 of 1987 and respondent before the 1st appellate court in the 1st appeal vide T.A. No.22/32 of 1994/1993.

3. The respondents in this 2nd appeal were the defendants before the trial court in the suit vide T.S. No.36 of 1987 and appellants before the 1st appellate court in the 1st appeal vide T.A. No.22/32 of 1994/1993.
The suit of the plaintiff (appellant in this 2nd appeal) against the defendants (respondents in this 2nd appeal) vide T.S. No.36 of 1987 was a suit for declaration, permanent injunction, in alternative, recovery of possession, if the plaintiff is found to be dispossessed.

4. The suit land is Plot No.132/1200 under Khata No.123 Ac.0.l8 decimials in Mouza Janardanpur, which corresponds to C.S. Plot No.44/310/505 under Sabik Khata No.73 described in Schedule - 'A' of the plaint.
According to the plaintiff, One Gora Behera was the original owner of the suit plot. Father of the plaintiff purchased the same from Gora Behera through a plain paper unregistered sale deed dated 11.08.1961 for Rs.90/- and possessed the same as the owner thereof since the date of purchase after getting delivery of possession from Gora Behera. After the death of the father of the plaintiff, i.e., Gora Behera, he (plaintiff) being his successor became the owner of the same and possessed the same and accordingly, the plaintiff is in possession over the suit property as the exclusive owner thereof. The defendant No.1 has her own land to the South of the suit properties, but, the defendant No.1 has no manner of right, title and interest over the suit properties. The defendant Nos.1 and 2 are the wife and husband respectively. On 05.05.1987, the defendant Nos.1 and 2 being associated with other defendants tried to destroy the demarcating ridge between the suit plot and the plot of the defendant No.1, to which, plaintiff protested, still then, the defendants started construction encroaching some Southern portion of the suit land through Mankada stones. So, without getting any way, the plaintiff approached the civil court by filing the suit vide T.S. No.36 of 1987 against the defendants praying for declaration and permanent injunction over the suit properties, in alternative, recovery of possession, to which, the defendants contested by filing their joint written statement denying the averments made by the plaintiff in his plaint taking their specific stands therein that, the father of the plaintiff has not purchased the suit properties from Gora Behera on dated 11.08.1961 and he (plaintiff) is also not in possession over the same, because, their vender Gora Behera was also not in possession over the suit properties, for which, the question of giving delivery of possession to the suit properties in favour of the plaintiff by Gora Behera does not arise.
The further case of the defendants was that, the defendant No.1 has purchased a piece of land to the South of the suit properties measuring Ac.0.14 decimals from Jaladhar Bag, (father of the defendant Nos.3 to 5) through registered sale deed dated 09.10.1985 for a consideration amount of Rs.15,000/-.
The father of the plaintiff was an Amin and the mother of Gora Behera was working as a maid servant in the house of the plaintiff's father. The plaintiff's father, by influencing the revenue authorities got Ac.0.14 decimals of land settled in the name of Gora Behera along with other lands. The father of the plaintiff has managed to create the sale deed dated 11.08.1961 in respect of the suit properties without the knowledge of Gora Behera and without payment of any consideration amount. Then, taking the settlement authorities into his confidence, the plaintiff has managed to record the suit land in his name erroneously, even through, he(plaintiff) has no interest on the same. The plaintiff's title, if any, over the suit properties ha

























































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