RAMA CHANDRA MALLIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Appellant by filing this Appeal under Sec. 100 Civil Procedure Code (for short, 'the Code'), has assailed the judgment and decree dtd. 12/11/2008 and 21/11/2008 passed by the Ad hoc Additional District Judge (FTC), Jagatsinghpur, in T.A. No.6/1998 (4/2001).

(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 Suit. The original Plaintiff being dead; his legal representatives coming to be substituted are now pursuing this Appeal

(3.) The Plaintiff's case, in short, is that he is a member of Scheduled Caste community and a landless person. It is stated that he has been in possession of the suit land since long. The suit land stands recorded in the name of the Defendants-State. As per the case of the Plaintiff, he has constructed a house over the said land on 2/4/1955 and is residing there with his family. It is also stated that on the land lying by the side of the house of the Plaintiff, he has grown different varieties of trees and cultivating a part of it by raising varieties of seasonal crops. He having applied before the State for recording of his land in respect of the suit land stating that he has been in possession of same since long. There was an enquiry to that effect. Accordingly in the remarks column of the record of right, the possession of the Plaintiff has been noted in respect of the said land. On 13/5/1988, a proceeding under the Odisha Prevention of Land Encroachment Act, 1972 vide OPLE Case No.820 of 1989 was initiated against the Plaintiff. He had appeared in the said proceeding. Finally, in terms of the order passed therein, he has paid the penalty for his said occupation. It is stated that he being a member of Scheduled Caste and illiterate, believing the words of the Revenue Inspector and in good faith, has all along remained under the impression that he would become the owner of the land by making the above payment. He, therefore, filed the suit for declaration of his right and permanent injunction. The Defendants did not appear in the suit to contest the same.