SATYANARAYAN MAHANA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Appellants by filing this Appeal under sec. 100 of the Code of Civil Procedure (for short 'the Code') have assailed the judgment and decree dtd. 25/11/2017 and 14/12/2017 respectively passed by the learned Additional District Judge, Sonepur in R.F.A. No.29/9 of 2005-2017. By the said judgment and decree, the lower Appellate Court has confirmed the judgment and decree dtd. 26/2/2005 and 17/3/2005 respectively passed by the learned Civil Judge (Jr. Division), Sonepur in C.S. No.23 of 2003.

(2.) For the sake of convenience, in order to avoid confusion and bring in clarity; the parties hereinafter have been referred to as they have been arraigned in the trial court.

(3.) Plaintiffs case is that the land which is the subject matter of the Suit belonged to the State of Orissa (Defendant) and it stands recorded as such in the Record of Right. The lands are cultivable lands and the father of the Plaintiff No.1 made those lands fit for cultivation by dint of his own effort and since then he has been in possession of the suit land since the year 1940 till his death. On the death of the father of the Plaintiff No.1, his son, the Plaintiff No.1 and son-in-law, the Plaintiff No.2 have been in possession of the said property.