NITYANANDA SAHOOAND OTHERS Vs. URMILA TRIPATHY AND OTHERS

JUDGEMENT

(1.) This appeal has been filed against the judgment and decree passed by the learned Ad hoc Additional District Judge, Kamakhyanagar in RFA No. 29 of 2006.

(2.) For the sake of convenience, in order to bring in clarity and avoid confusion, the parties hereinafter have been referred to as they have been arraigned in the trial court.

(3.) Plaintiff'S case is that one Sripati Sahoo had his four sons namely, Abhi, Dangi, Uchhaba and Haladhara and they all died much prior to the commencement of the settlement of the year 1923-24. So their successors were recorded as tenants in respect of the suit land in the record of rights of the Sabik settlement operation. The successors being in separate mess and estate for convenience disposed of certain properties at different point of time through registered sale deeds as also gift deeds. The plaintiff claims to be the last purchaser in respect of land measuring Ac.1.17 decimals from sabik plot No. 852 from Budhimanta, Gadadhar and Akula who represented the branch of Abhi, Uchhaba and Haladhar and they had executed a registered sale deed on 07.05.84. So wherein the suit has been filed for the reliefs as afore stated. Some defendants contested the suit on the ground that since the plaintiff having filed earlier suit has lost, the present suit is not maintainable, though they have admitted the purchase of the plaintiff yet they denied the delivery of possession. They have also stated that since the land under plot Nos. 966 and 979 having been recorded as Gramya Rasta used by public in general, the said suit as, laid cannot stand.