Orissa Court February 1952 Judgments

Sarat Chandra Vs. Prabashi and ors.

Court: Orissa

Reported in: AIR1952Ori229; 18(1952)CLT150

Panigrahi, J.1. This is an appeal under the Orissa High Court Order, against the judgment dated 16-12-1949 in S. A. 113 of 1949, of our learned brother Das, J., (as he then was) declaring the title of plaintiffs No. 2 (Kinu Charan Padhan) to a moiety of the properties in suit and dismissing the claim of plaintiff No. 1 (Durga Charan Das) to the properties.2. The facts giving rise to the litigation ape briefly these. The defendant (who is the appellant before us) was the landlord of a holding measuring .072 of an acre, of which plaintiff No. 1, Durgacharan, and Baidyanath, the father of plaintiff No. 2, were the recorded tenants. In Rent Suit No. 5676 of 1933-34, he obtained a decree for arrears of rent against plaintiff No. 1, and Baidyanath. In execution of that decree the holding was put up for sale, was purchased on 27-11-1936 by the decree-holder, and delivery of possession was taken, through Court, on 29-7-1937. Five years later the' present suit was raised by Durga-charan and Kin...