STATE OF ORISSA Vs. PITAMBAR PATRA

JUDGEMENT

(1.) THIS appeal has been filed by the State of Orissa against the reversing judgment of the Additional District Judge of Ganjam in a suit for declaration of title, confirmation of possession and damages.

(2.) THE plaintiff purchased the suit lands from different persons by registered sale-deeds, Exts. 2, 2/a, 2/b and 2/c dated 104-1938, 24-3-1941, 15-3-1938 and 9-91946 respectively, covering different items of the suit-property as mentioned in the plaint-schedule. It is the case of the plaintiff that his predecessor-in-interest and after them the plaintiff himself has been in possession of the suit-lands for more than one hundred years in their own right and have thus acquired title by adverse possession against the State. There were previously thatched houses on the suit-sites which the plaintiff demolished with a view to construct pucca houses and 'aid foundation therefor over the entire area covering all the items. Thereafter the Berhampur Municipality issued" notice alleging encroachment by the plaintiff, but the proceedings were dropped. The Revenue Department also started similar proceedings and levied penalty. The plaintiffs case is that though he insisted upon the Department to take measurement of the suit lands to find out if in fact any encroachment had been made. They did not comply and he paid the "penalty in order to avoid further trouble. The authorities, however started proceedings for encroachment under the Madras Land Encroachment Act, 1905 and passed orders for his eviction from the suit lands. Hence the plaintiff filed the present suit claiming that there is in fact no encroachment and in any case the defendant's right, if any, has been lost by adverse possession of the plaintiff as stated above. The alleged encroachment for which the plaintiff filed the suit is with regard to about 0. 02 decimals of land in extent.

(3.) THE plea of the defendant was that the notice under Section 80 of the C. P. C. is not valid in the eye of law, as it was not received by the Collector, but by his steno. That the suit land is a village Parambok belonging to the Government, and the plaintiff was in unauthorised occupation of the same and the proceedings for eviction were taken against him under the provisions, of the Madras Land encroachment Act and he has been evicted in due course, and the plaintiff has not acquired any title by adverse possession,