TAHASILDAR, AUL Vs. GURU CHARAN PALEI

JUDGEMENT

(1.) APPELLANT has assailed the Judgment of the First Appellate Court dated 11.12.1986 & decree dated 16.12.1986 passed in T.A. No.14 of 1980 thereby setting aside the Judgment dated 24.7.1980 & decree dated 31.7.1980 of the Trial Court passed in T.S. No.273 of 1978.

(2.) PRECISELY , the facts of the case are that Plot No.432 appertaining to Khata No.124 in village -Kusumi stands recorded as "Rakhit Gochar" in 1930 settlement. Plot No.420 is adjacent to North of Plot No.432. Plot No. 420 is the homestead of the Plaintiffs (Respondents herein), Defendants (Appellants herein) started Encroachment Case 189/ 76 -77 against the Plaintiffs alleging that Northern A.0.07 decimal of land under Plot No. 432 had been encroached by the Plaintiffs. An eviction order was passed by the Tahasildar in the said case on 25.6.1978. Besides, penalty for encroachment was also imposed in the said order the encroached land is scheduled in the plaint as 'Kha'. On this land, Plaintiffs have raised their cattle -shed.

(3.) THE Trial Court dismissed the suit of the Plaintiffs with the observation that Plaintiffs have encroached six decimals of land adjoining the south of the cattle shed in Plot No. 432 some time in 1976 only and as such, they cannot have any claim over the same. He also held that though a portion of the cattle -shed is standing on one decimals of Plot No. 432 for the last 40 years, the Plaintiffs have not acquired title over the same by adverse possession.