HARIHAR SANBAD Vs. JALESWAR PANIGRAHI & ANR.

JUDGEMENT

(1.) THE Plaintiff as Appellant files this second appeal assailing the Judgment dated 05.08.1987 & decree dated 20.08.1987 passed by the Learned District Judge, Sambalpur in Title Appeal No. 34 of 1984 confirming the Judgment dated 14.09.1984 & decree dated 17.09.184 passed by the Learned Munisif, Sambalpur in Title Suit No. 1 of 1981. Plaintiff's case is that the suit land measuring 474 square feet appertaining to HS Plot No. 646 in Khata No. 29 corresponding to MS Plot No. 744/2381 originally belonged to one Makardhwaj Behera & his co -sharers Nilambar Behera & others. He purchased the suit land from them for Rs. 200 by a registered sale deed dated 19.06.1967 (Ext.2) & continued to possess it by using as a passage to reach the Sambalpur -Dhama road from his house. In 1978, the Defendants purchased Ac.0.9 decimals adjoining the suit land & caused obstruction to the Plaintiff's passage. On the report of the Plaintiff, the police intervened & removed the obstruction. In July, 1979, the Defendants again encroached upon the suit land & constructed a house partly obstructing the passage. Since the Defendants obstructed the passage without having any right, title or interest on the suit land, the Plaintiff filed the suit for declaration of his title & possession of the suit land.

(2.) DEFENDANT No. 1 alone filed written statement contending that Makardhwaj & his co -sharers could not pay the land revenue for the suit land & accordingly surrendered the land in favour of Baikuntha Sanbad, the Lambardar Gountia of the village, & Baikuntha in his turn granted a Rayati patta for the suit land in favour of one Chakanayan Panda in the year 1951. Chakanayan Panda sold the suit land to the Defendants by a registered sale deed dated 12.12.1977 (Ext.A). Chakanayan & then the Defendants having possessed it on their own right for a considerable long period by constructing sheds, the Defendants have prescribed adverse title to the suit land.

(3.) THIS case was admitted on 11.01.1988 on Ground No. A of the appeal memo which reads as under: