Case brief
What is this about?
High Court of Orissa (Cuttack), RSA No.45 of 2023, D. Dash, J., judgment dated 08.01.2024: defendant's Section-100 second appeal dismissed, upholding Additional District Judge Rairangpur (RFA 24/2017) confirmation of Civil Judge (SD) Rairangpur decree (Civil Suit 103/2014) for recovery of possession of house and Ac.0.03 dec.; tenancy claim of plaintiffs unproved but title issue rightly decided because defendants denying tenancy pleaded adverse possession and thereby admitted plaintiffs' title; concurrent adverse-possession failure not perverse, pleadings/evidence deficient on foundational facts; counsel for appellant H.B. Dash with P.K. Nayak, A.C.R. Das, K.K. Jena; pleaded claims included Rs.5,400/- arrear rent @ Rs.600/- p.m. and damage @ Rs.2,00/- per day; statutes touched: S.100 and S.96 CPC, S.144/S.145 Cr.P.C. 1973; no precedents cited.
What did the court decide?
None to the Appellant; the judgments and decrees of the Courts below stand undisturbed; appeal dismissed with no order as to cost.