SARATBALA BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) UNSUCCESSFUL Plaintiff is in appeal against Judgment & decree passed by Learned 2nd Additional Civil Judge (Sr. Divn.), Bhubaneswar in T.S. No. 472/734 of 2004/2000.

(2.) PLAINTIFFS suit is a suit for declaration of title over the suit land comprising of Ac.0.077 decimals of land in Plot No. 717/1554 under Khata No. 297 of Mouza Bhoinagar in the Hal R.O.R. Ext.8. Plaintiffs case is that suit land is a part of land measuring Ac.0.980 decimals in Plot No. 171 recorded under Khata No. 03 of mouza Bomikhal in the Sabik ROR Ext.2 in the names of Nakula Behera & his co -sharers. Nakula Behera sold land measuring Ac.0.072 decimals out of suit plot under registered, sale deed dated 19.04.1974 to Plaintiffs vender Brundaban Behera who sold the same to Plaintiff under registered sale deed Ext.4 dated 28.10.1981. Since the date of purchase Plaintiff is in possession over the suit land. She constructed house over it after obtaining due permission Ext. 6. from Bhubaneswar Development Authority. During settlement operation Plaintiff produced document of her title over the suit land but suit land was wrongly recorded as 'Anabadi' land of the G.A. Department. It is averred that land out of Sabik Plot No. 171 purchased by other vendors were recorded in their names. Plaintiff alleges to have filed the suit as G.A. Department personnel threatened to dispossess her from the suit land.

(3.) CONSIDERING the plaint pleadings, following issues were settled by the Learned Trial Court: