LAXMINARAYAN PANIGRAHI (DEAD) BY HIS LRS SUSAMA PANIGRAHI AND OTHERS Vs. PANCHANANA PANDA AND OTHERS

JUDGEMENT

(1.) This appeal has been filed challenging the judgment and decree dated 8.9.2006 passed by the learned Additional District Judge, Sambalpur in RFA No. 45/54 of 2005 confirming the judgment and decree passed by the learned Civil Judge (Senior Division; Sambalpur in Title Suit No. 63 of 2002.

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

(3.) Plaintiff's case is that one Kamala Lochan Panda who happens to be his brother-in-law, died on 31.1.2001 leaving behind no issue. His wife had predeceased him in the year 1997. Since they had no issue, the plaintiff was taking all their care and they were satisfied with the service so rendered. Therefore, Kamal Lochan Panda executed a Will on 20.11.2002 which was registered, bequeathing all his movable and immovable properties as also those of his wife. So, on the basis of said registered Will, the plaintiff claims to be the owner in possession of the said bequeathed property which is the subject matter of the suit. He states to have let out the suit land to different persons on rent and had been realizing the same from them. It is further stated that when the plaintiff remained absent from the village, me defendants persuaded those tenants not to give rent to the plaintiff and they claimed to be the owners of the property being the nephew of Kamal Lochan Panda. So, when despite of the demand, the tenants did not pay the rent, the suit had to be filed.