Orissa Court February 1966 Judgments
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Gulam Ali Saha and ors. Vs. Sultan Khan and anr.
Court: Orissa
Decided on: Feb-28-1966
Reported in: AIR1967Ori55
G.K. Misra, J.1. Defendants are the appellants. The suit is for declaration of title in plots 517 and 518, for confirmation and in the alternative for recovery of possession. A right of way has been claimed over plot Nos. 522, 1212, 1213 and 1214. There was a prayer for removal of obstruction and for recovery of damages. Plaintiffs are brothers. Their case is that they purchased plots 517 and 518 from one Md. Rasul Khan by a registered sale deed (Ex. 5) dated 20-8-37. Plaintiffs' vendor had purchased the lands from the ancestors of the defendants by a registered sale deed (Ex. 4) dated 17-6-19. Plaintiffs' case is that from 1919 to 1937 their vendor was in possession. He enclosed the area, dug a tank, grew certain trees and used the lands as a Ban. Plaintiffs continued to possess in their own right, title and interest after their purchase in 1937 till 1959. In the summer of that year, defendants put up a fence and blocked the passage from all sides. Later on they trespassed into the su...
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