Balaram v. Uma
Case brief
What is this about?
In a title appeal, the High Court dismissed the appellant's challenge against the lower courts' decree in favor of plaintiffs claiming title over disputed land. The court rejected the appellant's claims under section 53-A of the Transfer of Property Act for lack of a written agreement and denied the alternative plea of adverse possession.
What the court decided
IN THE HIGH COURT OF ORISSA, CUTTACK
SECOND APPEAL NO. 23 OF 1982
(From the judgment and decree dated 24.10.1981 and 03.11.1981 respectively passed by the learned District Judge, Cuttack in Title Appeal No. 21 of 1980.)
………
| Balaram Singh (dead) | |
|---|---|
| by his LRs.-Sridhar Singh & ors. VERSUS |
:::: Appellants |
| Uma Dei & others | :::: Respondents. |
| For Appellants :::: |
M/s. R. Ch. Mohanty, R.K.Mohanty, D.K. Mohanty, N. Biswal, P.K. Ratho, A.P. Bose, P.K. Satapathy, advocates. |
| For Respondents :::: ……… |
M/s. R.K. Mohapatra, A.N. Misra, P.K. Dhal, B. Routray, S.C. Sahoo, P.K. Patnaik, B.P. Patnaik, M/s. N.K. Sahu, B. Swain, P. Swain, advocates. |
PRESENT :
THE HON’BLE MR. JUSTICE D.DASH
------------------------------------------------------------------------------------------Date of hearing : 01.08.2016 : Date of judgment : 01.11.2016 -------------------------------------------------------------------------------------------
This appeal has been filed challenging the judgment and decree passed by the learned District Judge, Cuttack in Title Appeal No. 21 of 1980 confirming the judgment and decree passed by the learned Subordinate Judge, Jajpur in Title Suit No. 70 of 1971.
Issues for consideration
3 issues framed by the court
Whether the suit was maintainable given the appellant's admission of the respondent's acquisition of the land.
Whether protection under section 53-A of the Transfer of Property Act was available for an oral agreement for sale lacking written evidence.
Whether the appellant's claim of title by adverse possession was sustainable.
Parties & counsel
- appellant
Sridhar Singh & ors.
- respondent
Uma Dei & others
Coram
D. Dash
Case details
As recorded by the court registry
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