STATE OF ORISSA Vs. JANAKI SAHOO

JUDGEMENT

(1.) The State of Orissa represented by the Collector and the Tahsildar of Puri have preferred this appeal being aggrieved by the order dated 15-5-1999 passed by the Civil Judge (Senior Division), Puri, on an application filed under Order 39, Rules 1 and 2 of the Code of Civil Procedure, in short 'C.P.C.' registered as Misc. No. 292 of 1998 arising out of T.S. No. 220 of 1997, inter alia, directing them to restore back the possession of the suit land to the respondents and further restraining them not to interfere with the possession of the respondents over the suit land and not to change the nature and character of the same during the pendency of the suit.

(2.) The brief facts leading to this appeal as follows :-Respondent Nos. 1 and 57 are the plaintiffs in Title Suit No. 220 of 1997 before the learned Civil Judge (Senior Division), Puri and the aforesaid suit has been filed, inter alia, for a declaration that the plaintiffs have acquired title to the suit property by way of adverse possession and right of the defendants or any of them to recover the property is lost; for confirmation of possession and if they are found to have been dispossessed during the pendency of the suit, for restoration of possession in their favour; and for permanent injunction restraining the defendants from interfering with their possession and enjoyment over the suit land.

(3.) The case of the plaintiffs, as it reveals from the plaint, is that some of the residents of Visakhapatnam, in the State of Andhra Pradesh, who are primarily fishermen, came to Puri in search of better livelihood and found that Puri shore is situated at a short distance and suitable for sea fishing by boat and otherwise, and settled in a place known as Penthakata situated within Puri town. A few thousand of such persons initially settled at Penthakata and started living there under temporary sheds or improvised structures. These persons migrated from Visakhapatnam around 1952-53. As there were no shops worth the name in Penthakata area to cater to the needs of such persons and as the area was 5 to 6 Kms. away from the heart of Puri town. Generally these persons used to come to the town once a week to collect their rations. It is further stated in the plaint that the plaintiffs and their predecessors realising the difficulities faced by the migrated populous of Andhra Pradesh and in order to cater to the needs of those people decided to settle together and opened shops to provide the day to day needs of such persons. Accordingly, they set up their shops and the business of the plaintiffs grew up in the area and in course of time this area was found to be an ideal place for residential and business purposes. Later on, the plaintiffs and their predecessors formed an association in the name and style "Daria Harachandi Byabasai Sangha". The averment of the plaintiffs is that they continued to possess the land peacefully without any interrruption since 1954 and acquired the same by adverse possession. The plaintiffs further pleaded that the suit land originally belonged to the State and since the plaintiffs by their long and uninterrupted possession have acquired title to the same by prescription, the State has lost its right to take possession of the same and/or to evict the plaintiffs. It is further alleged that the present appellants, who are the defendants in the suit , without any prior notice to the said plaintiffs respondent and in collusion with each other, demolished the structures of the plaintiffs both on the front side, namely, southern side, and back side, i.e. northern side, and tried to demolish the entire constructions made with the help of their men and machineries including bulldozers. Accordinlgy, with the aforesaid pleadings, the plaintiffs have tried to make out a case that since theyr have perfected their title by adverse possession over the suit land, the defendants have got no right to evict them by force and have otherwise lost their right to evict the plaintiffs.