STATE OF ORISSA Vs. ORISSA OLYMPIC ASSOCIATION

JUDGEMENT

(1.) THIS is an appeal under section 96 of the Code of Civil Procedure by the defendants challenging the judgment and decree dated 16.4.1999 and 21.4.1999 respectively passed in T.S. No. 312 of 1991 by the learned First Additional Civil Judge (Senior Division), Cuttack.

(2.) THE land in dispute more fully described in Schedule -A and hereinafter to be referred to as the "suit land" measures Ac.0.705 decimals out of Ac. 0. 880 decimals appertaining to hal plot No. 7 in hal khata no. 203 corresponding to sabik plot No. 139 (part) of mouza Cuttack Town.

(3.) PLAINTIFF 's case, in short, is that lease for an area of Ac.20.808 decimals appertaining to Sabik Settlement Plot No.156 and a portion of sabik plot Nos. 139, 143, 155 and 177 was granted in favour of the Orissa Olympic Association for the purpose of construction of a Stadium vide Revenue Department order No. 748 dated 29.6.1949 which was communicated in District Office letter No. 10610 dated 5.7.1949. On the basis of the said order, Lease agreement was executed and registered on 4.9.1949 and 24.9.1949 respectively and the said lease was renewed from time to time. The plaintiff Association thereafter raised a high compound wall enclosing the leasehold land. However, an area measuring Ac. 0. 075 decimals was left out side the compound wall for the purpose of parking of the vehicles. The leasehold area includes an area measuring Ac. 6.520 decimals in sabik plot no. 139, and an area of Ac.0. 048 decimals out of the same was included within the barbed fencing of the old Secretariat. Though an area of Ac. 0.345 decimals in plot no. 149 has been recorded , but on the spot, an area measuring Ac. 6.568 decimals is available and the entire area is within the compound of the Association excepting an area of Ac. 0.075 decimals which has been left out beyond the Compound Wall for the purpose of parking. Due to lack of supervision, during the Hal Settlement the suit land was kept in Rakhit Khata of the State in Hal plot No. 7, khata no. 203 though the plaintiff is in actual physical possession of the said land. Though the hal settlement khatian was published on 11.4.1988, hal settlement map was not made available for which the mistake could not be detected immediately. W hile the matter stood thus, the Tahasildar initiated an encroachment case, bearing Encroaching Case No. 213/1/90 -91 and threatened to dispossess the plaintiff -Association from out of the suit land. As the plaintiff -Association has been in possession of the suit land right from the year 1949, it has perfected its title by way of adverse possession. The plaintiff -Association thereafter issued notice under section 80 C.P.C. and on completion of the prescribed period filed the suit.