PASUPATI MAHANTO Vs. DAMODAR MAHANTO AND ORS.

JUDGEMENT

(1.) THIS is a Defendant 1st second appeal from the confirming decision dated 25.9.1964 of Sri P.K. Mohanty, District Judge, Mayurbhanj, Keonjhar, passed in Sub -judge's appeal No. 1 -k of 1963, whereby the suit has been decreed.

(2.) PLAINTIFF filed the suit for declaration of title, for recovery of possession of the suit property and for realisation of mesne profit for the year 1960.61 amounting to Rs. 100/ -

(3.) THE trial Court held that the plea of partition is not true, and that the Plaintiff has right, title and interest over the suit -land. The claim of acquisition of title by adverse possession by the Defendants was negatived on a finding that the Defendants were occupying the suit -property with the permission of the then guardian of the Plaintiff. The suit cannot be held to be barred by limitation. In regard to mesne profits for the year 1960 -61, he decreed the claim of the Plaintiff but reduced the amount to Rs. 60/ -.