AMBIKA CHARAN MISRA Vs. ANADI CHARAN SAMANTARAY

JUDGEMENT

(1.) THIS appeal arises out of the order dated 13.5.88 passed by the Subordinate Judge, Rairangpur, in Title Appeal No. 3 of 1986, reversing the judgment and decree dated 25.08.1986 and 4.9.1986 respectively passed by the Munsif, Rairangpur, in Title Suit No. 2 of 1984.

(2.) THE brief facts, according to the appellant, is that the appellant as the plaintiff before the trial court filed a suit for declaration of his title, recovery of possession and for permanent injunction against the respondent No. 1 (defendant No. 1 in the Trial Court). The disputed land bearing Plot No. 484 under Khata No. 50/39 corresponding to Hal Khata No. 66/12 of village Jhadgaon belongs to the appellant and respondent No. 2, The said plot was allotted to Ambika charan Misra, who was the original appellant and was subsequently substituted by his legal heirs, and his brother late Trailokya Nath Misra, the father of respondent No. 2 (defendant No. 2 in the Trial Court), in the final decree proceeding by the learned Subordinate Judge, Rairangpur in a suit for partition, i.e., T.S. No. 40 of 1974/T.S. No. 10 of 1975.

(3.) RESPONDENT No. 2 filed written statement admitting the ownership of the plaintiff -appellant over the disputed land, but took the stand that he was possessing the particular portion of the suit land for more than fifty years and has acquired his title by way of adverse possession.