PRATIVA MAHAPATRA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant, by filing this Appeal, under Sec. -100 of the Code of Civil Procedure, 1908 (for short, 'the Code') has assailed the judgment and decree passed by the learned Additional District Judge, Bhanjanagar in RFA No.09 of 2013; by which the judgment and decree passed by the learned Civil Judge (Senior Division), Bhanjanagar in C.S. No.33 of 2011 have been confirmed.

(2.) For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to, as they have been arraigned in the Trial Court.

(3.) Plaintiff's case is that there is a pathway measuring 40 ft. in length and 20 ft. in breadth over the land under Plot No.348 appertaining to Khata No.120 of Mouza-Bellaguntha and also of 120 ft in length and 20 ft. in breadth over the land under Khata No.463 assigned with Plot No.1541. Thus it is said that the area of the path way in total is Ac.0.07 dec. It is stated that the disputed plot no.1541 and 1542 as also other undisputed Plot Nos.346 and 437 had been recorded in the name of Government High School whereas the disputed Plot No.348 with Plot No.439 and 350 stands recorded in the name of Veterinary Hospital, Bellaguntha, The same are situated in a compact block and the N.A.C. road runs over Plot No.328 which exits to the north of plot no.346,348,349 and 350 and 1541 and it measures Ac.0.925 dec. It is stated that the same is a vacant dry land. The Plaintiff further states that a room being there is used for the Veterinary Hospital and that is situated over the above land on its eastern side whereas the main Veterinary Hospital is situated on the land covered Plot No.348, 349 and 350. The Plaintiff further claims that the entire land covered under Hal Plot No.1541, 1542, 347, 348,349 and 350 was previously occupied by one A. Balya Patra of Bellaguntha. He left the same for public use, i.e., for a Technical High School and Veterinary Hospital. During the last settlement operation, the above land was recorded in the name of the Technical High School as well as the Veterinary Hospital. It is also stated by the Plaintiff that to the south of the disputed Plot No.1541 and 1542 which is undisputed, she has her self-acquired property measuring Ac.1.50 dec. covered under Plot No.1543-Ac.0.27 dec., Plot No.1544- Ac.0/1/25 dec., Plot No.1545-Ac.0.338 dec. and Plot No.1546- Ac.0.078 dec. The Plaintiff had constructed her residential house over a portion of the above land and the remaining land is being used for agricultural and horticulture. So, the Plaintiff has purchased a portion of the above land on 15/4/1996 from one Abhimanyu Khatei under a Registered Sale Deed of the year 1996. Parents of Abhimanyu and they (Arjuna and Sita) had earlier purchased the land by Registered Sale Deed dtd. 11/6/1974 from one Sadhu Charan Dash and by Registered Sale Deed dtd. 30/5/1973 from one Subasini Das. The above land in total measures Ac.0.18 dec. from southern side of Plot No.1543 and that was the self-acquired property of Radha Krushan Mahapatra and Nabin Kanta Mahapatra, who had purchased the same by Registered Sale Deed of the year 1997 and sold the same to the Plaintiff by Registered Sale Deed dtd. 21/9/1998. The Plaintiff also claims that to the eastern side of her private land, land covered under Plot No.1540 is situated and on southern side there are agricultural land whereas on the western side as well as south-east corner, there exists a tank. The Plaintiff, therefore, claims that she and her predecessorsin-title (vendor, vendor's vendor) used to pass at that passage of 20 ft. breadth situated over the said plot no.1541 which runs by the western side of plot no.348 where exists a footpath having metals over it and it is of 20 ft. breadth. The Plaintiff further states that except the said path way, there is no alternate path to her house and the agricultural land. Her house is situated over the land under Plot No.1543 where she is residing with her family members.