BABAJI NAYAK AND ORS. Vs. GOVT. OF ORISSA

JUDGEMENT

(1.) The unsuccessful plaintiffs are the appellants before this Court. They challenge the judgment and decree passed by the 2nd Additional Civil Judge (Sr. Division), Bhubaneswar, Khurda in C.S. No. 370 of 2005 dismissing their suit for declaration of right, title, interest and confirmation of possession with permanent injunction filed against the respondent. For the sake of convenience, to avoid confusion and for clarity, the parties hereinafter have been referred to as they have been arrayed in the court below.

(2.) Plaintiffs' case

(3.) The State-defendant contested the suit. While traversing the plaint averments, it has been stated that the land stands under the classification of 'Unnata Jojana Jogya' in the name of the defendant under Rakhit Khata No. 472 as per the settlement record of 1973-74 and that corresponds to the land under Sabik Khata No. 303 in the name of the Zamindar Madhusudan Dev under classification as 'Puruna Padia'. It is stated that after vesting of the intermediary interest, the property vested with the defendant free from all encumbrances and the same thus got recorded in the name of the defendant in successive settlements. The possession of Parima and then on his death by his two sons Chintamani and Sridhar and thereafter that of these plaintiffs have been seriously refuted that it is out and out false in order to grab the valuable land belonging to the State. It is also stated that the facts pleaded as regards plantation of trees taking care of those and then going for cultivation over the said land are all false, imaginary. Thus, it is stated that the question of perfection by title by adverse possession in respect of the suit land does not arise in the facts and circumstances of the case and it is out and out a false story sought to be projected to achieve the sole objective of grabbing the public property.