BIJAY KRUSHNA DWIVEDY Vs. LAXMI DEI

JUDGEMENT

(1.) THE Judgment and decree dated 4.2.1987 and 23.2.1987 respectively passed by the then Subordinate Judge, Jajpur in Title Appeal No. 12 of 1986 setting aside the Judgment and decree dated 20.09.1985 passed by the Munsif, Jajpur in Title Suit No. 107 of 1981 are assailed in this appeal.

(2.) RESPONDENT No. 1 -Laxmi Dei, as the sole Plaintiff, filed Title Suit No. 107 of 1981 in the Court of the then Munsif, Jajpur for passing a decree of perpetual injunction under Section 44 of the Transfer of Property Act against Defendant Nos. 1 and 2 restraining them from entering upon the suit land a portion of homestead or in the alternative for recovery of possession if the Defendants 1 and 2 are found in possession of the land and to direct the Defendants 1 and 2 to transfer the suit land, which they have purchased from Defendant No. 3 in favour of the Plaintiff for a, consideration of Rs. 2,000/ - or as per the market price to be determined by the Court as well as for other ancillary reliefs.

(3.) TO appreciate the inter se dispute, it would be better to refer to the family tree, which is as follows: