DIKHEI ALIAS DUKHAI SAHU Vs. BISHNU CHARAN SAHU AND ANR.
LAWS(ORI)-1978-2-12
HIGH COURT OF ORISSA
Decided on February 21,1978

Dikhei Alias Dukhai Sahu Appellant
VERSUS
Bishnu Charan Sahu And Anr. Respondents

JUDGEMENT

S. Acharya, J. - (1.) THE unsuccessful Defendant in the Court below has preferred this appeal.
(2.) THE Plaintiffs' suit is for recovery of possession of the suit property described in the schedule attached to the plaint. The Plaintiffs' case is that they are the owners of the suit property and on the request of the Defendant they in March, 1960 allowed the Defendant to stay temporarily in the house on the suit land. The Defendant thereafter did not vacate the suit house in spite of demands. Hence this suit. According to the Defendant His father purchased 28 decimals out of plots Nos. 319, 320 and 326 with a house standing thereon and he and his father were and are in possession of the said house on their own rights. That house does not belong to the Plaintiffs and the Defendant and/or his father were never in permissive possession of the said house.
(3.) THE trial Court held that the suit property belonged to the Plaintiffs but the Defendant and his father perfected title to the said property by adverse possession.;


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