ANGIRA MISHRA Vs. RASMITA HOTA

JUDGEMENT

(1.) The Appellant, by filing this appeal under section 100 of the Code of Civil Procedure (for short, 'the Code'), seeks to assail the judgment and decree dated 17.07.2020 and 31.07.2020 respectively passed by the learned Additional District Judge, Boudh in R.F.A. No.07 of 2015(T). By the same; the judgment and decree dated 25.02.2015 and 03.03.2015 respectively passed by the learned Civil Judge (J.D.), Boudh, in C.S. No.3 of 2011 have been confirmed.

(2.) For the sake of convenience and clarity as also to avoid confusion; the parties hereinafter have been referred to in the same rank as assigned to them in the original proceeding before the Trial Court.

(3.) The Plaintiff's case is that he is in possession of the land under Plot No.629 which corresponds to sabik Plot No.242 under Khata No.46 measuring an area of Ac.0.22 decimals. It is his case that such area of Ac.0.22 decimals as it was in the sabik record of right, without any justification and reason, has been abruptly reduced by Ac.0.04 decimals and thus stood recorded to the extent of Ac.0.018 decimals. It is the specific case of the Plaintiff that his father, during his lifetime, had provided a strip of land of 140 ft. in length and 7-8 ft. in breadth measuring around Ac.0.02 decimals to the poor and landless people who were residing in a Basti over the Government land so as to provide then the access to the PWD Road. It is said that the passage was including the land under Hal Plot No.586 which was being used by those Basti people. It is the very case of the Plaintiff that his father had relinquished the passage in favour of the local gentries in a meeting convened by the then Sarpanch and to that effect, on 17.12.1992, he had executed a document.