SASIDHAR NAIK Vs. PULIN CHANDRA NAIK

JUDGEMENT

(1.) DEFENDANTS 1 and 4 are the appellants, against a reversing decision in' a' suit for declaration of title and recovery of possession. The genealogy indicating the relationship is as follows :

(2.) THE plaintiffs' case is as follows : Indubhusan, the father of plaintiff No. 1, obtained a reclamation Hukumnama on 27 2 1944 in respect of disputed 'A' Schedule property and he and his younger brother, plaintiff No. 2, reclaimed the same and continued in possession. During the Current Settlement Operation, the disputed lands were recorded in the name of the State of Orissa and only in respect of Ac.0. 52decimals of land possession, was recorded in favour of the plaintiffs. It is claimed that taking advantage of the wrong recording of possession of the disputed land in the names of defendants 1 and 4, they trespassed upon the disputed land in the year 1975. It is pleaded by the plaintiffs that having remained in possession of the disputed land from 1944 till forcible dispossession in 1975, they have acquired title by adverse possession.

(3.) THE trial court decreed the suit in part in respect of Current Settlement Plot No. 426/4064 with an area of Ac. 0.52 decimals and held that in respect of the balance lands, the defendants 1 and 4 were the owners by virtue of their adverse possession.