HARIBANDHU MOHANTY Vs. HAREKRUSHNA BEHERA

JUDGEMENT

(1.) DEFENDANT is the appellant. The suit out of which this appeal arises was filed by the plaintiffs for declaration of their title to the suit lands acquired by adverse possession and permanent injunction.

(2.) DEFENDANT Haribandhu Mohanty purchased lands, 374 decimals in area situate in Cuttack town. It is said that the suit lands Were not fit for building as they were low lands with ditches. In 1936 defendant found that some people had put up huts on the suit lands. There upon the defendant filed a suit being Title Suit No. 378 of 1936 against the present plaintiffs Harekrushna Behara and others (hereinafter referred to as the Beheras) for evicting them and getting vacant possession. On may 13, 1937 the said suit was compromised. Under the com promise 68 decimals were given to the said Beheras who were defendants therein. It is said that the remaining 306 decimals out of 374 decimals purchased by defendant Haribandhu mohanty as aforesaid were given to Haribandhu Mohanty who was the plaintiff in the 1936 suit. There was a further stipulation in the compromise petition that defendant Haribandhu Mohanty would be entitled to obtain possession of the lands through Court In case of interference with defendant's (Haribandhu Mohanty)possession. The plaintiffs' easel of adverse possession-- as pleaded in paras. 2, 3 and 4 of the plaint, is quoted hereunder:

(3.) THE defence to the suit was that the compromise was genuine and proper; at the time of the compromise defendant got possession of the suit lands which was measured and fenced; that he has been getting the suit lands cultivated by tenants since 1944 and that the ditches had been filled up.