Sanatan Jena vs Prasanna Kumar Ray And Others
2024 Latest Caselaw 16646 Ori

Orissa High Court

Sanatan Jena vs Prasanna Kumar Ray And Others on 13 November, 2024

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  RSA No. 330 of 2023

            Sanatan Jena                          ....                  Appellant
                                                               Represented by
                                                     Mr. N.K. Sahu, Advocate

                                            -Versus -
            Prasanna Kumar Ray and Others          ....                Respondents

Represented by

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 13.11.2024 Order No. 1. This matter is taken up through hybrid mode.

2.

2. Heard Mr. S. Sahu, learned counsel for the appellant. Perused the impugned judgments.

3. Considering the submissions and the grounds raised, the second appeal is admitted on the following substantial questions of law:-

"i. Whether the courts below were correct in holding the genealogy stated in the plaint as incorrect solely basing on the evidence of DW-2, who not being a member of the family, his statement is not admissible under Section 50 of the Indian Evidence Act as also by relying upon a sale deed dated 31.10.1961 purportedly executed by one Pabana Rout and Muli Rout( Ext. G) even though as per the admitted case of the parties, said Pabana Rout had already died in year 1960?

ii. Whether the learned Courts below erred in law in rejecting the case of the plaintiff holding in the impugned judgments that the acquisition of title over the suit land by adverse possession cannot be taken into consideration as the plaintiff has not taken the

plea of ouster against Sita Dei, the other co-sharer of the suit property, although after the alleged purchase of the suit land vide sale deed dtd. 15.05.1971 by the defendant No.1, the stranger purchaser, the property in dispute looses the character of joint family property, if any, and no plea of ouster is necessary against the defendant No.1 stranger purchaser to prove title by adverse possession?"

4. Issue notice to the respondents by registered post with A.D. making it returnable within four weeks. Requisites be filed within a week.

5. Call for the LCR.

6. List this matter in the week commencing 17th February, 2025.

(Sashikanta Mishra) Judge

BC. Tudu

Signed by: BHIGAL CHANDRA TUDU

Location: Orissa High Court, Cuttack Date: 14-Nov-2024 19:56:31