RSA No. 608 OF 2014

05. 14.05.2015 This appeal has been filed against the judgment and de

cree dated 17.12.2014 passed by the learned Additional District Judge, Nabarangpur in R.F.A. N

o. 16 of 2013 confirming the judgment and decree dated 11.05.2007 passed by Civil Judge (Jr. D

ivision), Nabarangpur in C.S. No. 02 of 2006.

2. For the sake of convenience, in order to avoid confusion and bring cla

rity, the parties hereinafter have been referred to as they have been arrayed in the court bel

ow.

3. Facts necessary for the purpose are as follows:-

The suit land stands recorded in the name of Udhaba Naik, the father-i

n-law of the plaintiff no. 1 and grandfather of the rest of the plaintiffs. It is stated that

Udhaba, the recorded owner, had left the village Muniguda and had gone to village Dabugaon to

earn his livelihood. During then, he had handed over all his cultivable lands to one Sadasiba

for carrying out cultivation activities and the suit land to the defendant with a condition th

at he would construct a house and stay there and would vacate as and when the same would b