GOPAL BEHERA Vs. LOKANATH SAHU

JUDGEMENT

(1.) The order dated 12-5-89 passed by the learned Subordinate Judge, Bhubaneswar in Title Appeal No. 15 of 1975 whereby he accepted the report of the Commissioner overruling the objections raised by the petitioner is under challenge in this revision petition.

(2.) Late Agadhu Behera, father of the petitioners, filed O.S. No. 25 of 1973-I before the Munsif, Khurda for declaration of his title to the suit land, confirmation of his possession thereon and for permanent injunction against the opposite parties-defendants in respect of a strip of land measuring Ac 0.10 decimals under Khata No. 256 in Mouza Sampur. As stated in the revision petition the disputed strip of land lies on the western side of the petitioners' plot No. 558. The adjacent plot bearing No. 557 belongs to the opposite parties. The gist of the case stated in the plaint was that the disputed strip of land was a part of plot No. 558. It originally belonged to one Nityananda who sold the same to Agadhu Behera on 9-3-62. Since then Agadhu Behera and thereafter the present petitioners have been in possession of the disputed land. The defendants, owners of the adjacent plot wanted to forcibly include the disputed land and the well situated thereon by putting a fence. The plaintiff alleged that in that process the defendant encroached over a portion of his plot measuring 5 links x 200 links. In these circumstances, the plaintiff was compelled to file the suit seeking the reliefs mentioned earlier.

(3.) The defendants in their written statement denied the allegation in the plaint. According to them, the disputed strip of land with the well situated thereon was a portion of their plot No. 557 measuring A. 0.45 decimals which they purchased from one Saradha Dei by registered sale deed dated 23-4-53 and since then they have been in possession of the land. It was their further case that there was a green fence to the adjacent east of the disputed well demarcating the land of the plaintiff, but in 1963 the plaintiff and his sons removed the said fence.