BHAGAWAN BEHERA Vs. SUBAL ROUT

JUDGEMENT

(1.) DEFENDANT is the Appellant. The suit out of which this appeal arises was filed by the Plaintiff for declaration of title over the suit lands, confirmation of possession over Kha and Ga Schedule lands and recovery of possession of Ka schedule land.

(2.) THE Plaintiff's case is this: The suit lands belong to him. The Defendant has no right, title or interest over the suit lands and he never possessed the same at any time. On August 5, 1955, the Defendant forcibly constructed a house encroaching upon Ka Schedule land. While the Plaintiff was contemplating to file a suit, the Defendant threatened to dispossess the Plaintiff from Kha and Ga Schedule lands also apart from Ka Schedule land. The Defendant pleaded his title to the suit lands and in the alternative acquisition of title thereto by adverse possession.

(3.) THE trial court dismissed the suit so far as Ka Schedule land is concerned. As regards Kha and Ga schedule lands the trial court also dismissed the suit on these findings; namely, that Kha and Ga Schedule lands are separated by long -standing old fence; that Plaintiff's evidence of possession of Kha and Ga Schedule lands was not made out and all co -sharers were not made parties. In the result the trial court dismissed the Plaintiff's suit in full. The Plaintiff appealed to the lower appellate court. At the outset the Plaintiff did not press the appeal so far as it related to Ka Schedule land and confined his appeal to the Kha and Ga Schedule lands only. The learned lower appellate court decreed the suit in favour of the Plaintiff so far as Kha and Ga Schedule lands are concerned on the finding that the Plaintiff has got title; that the Plaintiff proved possession and that the Plaintiff's suit is maintainable though the other co -owners having interest in the suit lands have not been made parties. Hence this second appeal.