BANSIDHAR JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) UNSUCCESSFUL plaintiffs are in appeal against the judgment and decree dated 28.6.1990 passed by learned Subordinate Judge (now Civil Judge (Senior Division), Bhubaneswar in Title Suit No.165 of 1984, a suit for declaration of occupancy status over the suit land or, in alternative, for declaration of right, title and interest over the suit land by adverse possession.

(2.) PLAINTIFFS case is that the suit land originally appertained to Anabadi Holding of Killa- Patia as per the C.S. Record of Rights published in the year 1931. Plaintiffs were settled Rayats of village Patia and tenants under the Raja of Patia. Plaintiff nos.1 to 4 and plaintiff no.5s brother late Ganeswar Jena reclaimed the suit land by clearing the jungle and wild growths, made the suit land fit for cultivation and remained in continuous and peaceful possession over the suit land by raising different crops and vegetables since long. After death of Ganeswar Jena, the plaintiffs continued to be in peaceful, undisturbed and continuous possession over the suit land. The Estate of Patia was purchased by Raja of Kanika in an auction sale in 1931 and as such the Raja of Kanika became the proprietor in respect of Estate of Patia including the suit land. The plaintiffs being the settled Rayats of the suit village, thus, acquired valid title in respect of the suit land in 1943 since when they are in possession over the suit land and are paying rent to and obtaining rent receipts from the Raja of Kanika. However, during Hal settlement operation the suit land was wrongly recorded in Government Rakhit Holding. After final publication of the Hal Records of Rights the defendants who represent the State Government, contemplated to lease out the suit land in favour of outsiders. Hence, the suit.

(3.) CONSIDERING the rival pleadings, following issues were settled by the trial court:-