BHASKAR SARAP Vs. DINABANDHU PANDA

JUDGEMENT

(1.) This is the defendants' second appeal against the reversing judgment of Sri P.C. De, Subordinate Judge of Sambalpur. The plaintiff's case was one for declaration of title and for recovery of possession of the suit lands appertaining to H. S. plot Nos. 750 and 774. The plaintiff claimed an area of 1.52 acres out of plot No. 750, the total area of which is 3.40 acres and the entire plot of 774. He based his claim upon an unregistered lease-deed which purported to have been granted by the landlord in his favour on 15-4-1939 and further on a registered lease-deed (Ex, 3) granted by the same landlord on 5-11-43.

(2.) The defence was that, in fact, the disputed lands were leased out to the predecessors-in-interest of the defendants by virtue of four leases of the years 1912, 1915, 1916 and 1921, and that since then they have been in possession of them. They had also taken up the plea of limitation.

(3.) The trial Court dismissed the suit finding that the plaintiff was not able to prove his title and that the unregistered lease-deed of the year 1939 was suspicious. The learned appellate Court, in a well-discussed judgment, reversed the finding of the trial Court. He found that the disputed lands were not covered by the title-deeds proved by the defendants and that the title of the plaintiff was fully established by virtue of the registered lease-deed of 1943. He had also discussed the question of possession and found that the defendants had not been able to prove title by adverse possession for 12 years.