PRAYAG SAHU Vs. TEKMAN SAHU

JUDGEMENT

(1.) Defendants are the appellants who have preferred the instant appeal against the judgment and decree passed in Title Appeal No. 11/2011 whereby and whereunder the judgment and decree passed by the trial court has been affirmed.

(2.) Plaintiffs/respondents filed suit for declaration of the right, title over the suit land and for mandatory injunction and recovery of possession of suit land fully detailed in schedule-A of the plaint and attached map in red colour. The suit land was acquired by one Budhan Sahu who died leaving two sons namely, Hulash Sahu and Nemdhari Sahu. The genealogical table is given below.

(3.) As per the plaintiff's case after the death of Budhan Sahu the entire property was partitioned including the suit land. During his life time, Budhan Sahu sold 26 decimals of land out of 1.91 acres to different persons. After partition Hulash Sahu and Nemdhari Sahu the defendants have acquired the land of area 82 1/2 decimals at one lot and remaining 82 1/2 decimals have been allotted by two lots having an area of 41 1/4 decimals each to plaintiff No. 1. It is alleged that the defendants by using criminal force started to dig foundation over the suit land and started construction of room (40 'North to South and 30 'East to West) which gave rise to the cause of action to file the present suit.