NABAN BEWA Vs. NABAKISHORE SAMAL

JUDGEMENT

(1.) THIS is a defendant's appeal against the reversing judgment of the Additional district Judge of Cuttack, arising out of a suit for declaration of title and recovery of possession.

(2.) THE disputed land measuring 16 decimals forms part of plot No. 1082 which comprises a total area of 24 decimals. The land originally was the Nijjote land of the zamindar Umesh Chandra Roy, who by an unregistered patta Ext. 1 dated 7-445 settled the land in favour of the plaintiff. According to the plaintiff he cultivated the suit land on Bhag for a period of about 15 years prior to the execution of Ext. 1 and he also continued to remain in possession after Execution of Ext. 1 and had acquired an occupancy right therein. The defendant who was in possession of eight decimals of his homestead towards the south-west of the said plot, being instigated by the enemies' of the plaintiff created trouble in the possession of the plaintiff for which a proceeding under Section 145 Cr. P. C. was started in which the plaintiff was the first party and the defendant was the second party. In the said proceeding the possession of the defendant having been declared on 17-9-56, the plaintiff has filed the present suit for the aforesaid reliefs.

(3.) THE defence case was that Ext. 1 was a fabricated and anti-dated document and the plaintiff was never in possession of the suit-land at any time and the entire plot was leased out to the defendant verbally more than twenty years back. After the death of the landlord, the plaintiff obtained a collusive document from the agent of the landlord with a view to harass the defendant.