K DURIYENDRA Vs. STATE

JUDGEMENT

(1.) The petitioners who are widow and descendants of one Koteswar Pao, brought title suit No. 126 of 1984 in the court of Subordinate Judge, Puri for declaration of their title in respect of a house property within Puri Municipality and for permanent injunction restraining the defendants (State of Orissa and Tahsildar, Puri) from dispossessing them therefrom or demolishing the structure standing thereon. In the suit, the plaintiffs prayed for a temporary injunction, which was allowed in the trial court but disallowed by Additional District Judge in appeal. Hence the revision by the plaintiffs.

(2.) The plaintiffs' case, in brief, was that Koteswar entered the suit site which was part of a vast sandy patch near the sea shore more than 30 years back, constructed permanent structure thereon, got it electrified, brought telephone connection thereto, paid the municipal taxes and has acquired title over the same by adverse possession against the state.

(3.) . State of Orissa in their written statement did not deny the construction of permanent structure on the suit site, telephone and electric connections thereto and payment of municipal taxes by the plaintiffs. They however denied that possession of Koteswar was open, peaceful and uninterrupted for the statutory period; that the plaintiffs had acquired title by adverse possessions; and claims that two encroachment cases were started against the plaintiffs in the year 1980 culminating in passing of orders of eviction on 20-4-1984.