GOVINDA PANDA Vs. GANESH PADHI

JUDGEMENT

(1.) THIS is an appeal against the judgement of our learned brother R.N. Misra, J. in Second Appeal No. 132 of 1967 which was against an affirming judgement of the Subordinate Judge, Berhampur in a suit for recovery of possession. The disputed property is 20 links north to south and about 150 links from east to west with a total area of about 3 cents and appertains the survey No. 495/2 of mouza Haladiapadar, Survey No. 495/2 is admittedly a Government Paramboke land being the part of a public path. Neither the plaintiff nor the defendant has any title thereto, the true owner being the State of Orissa which is not a party to the litigation.

(2.) THE plaintiff brought the suit on the basis that he was in possession of the disputed 3 cents of land since 1961 and had been subjected to assessment by virtue of an encroachment proceeding under the Orissa Prevention of Land Encroachment Act, 1953 (Act XV of 1954) (hereinafter referred to as the Act). His name had been entered in the revenue accounts and he was in possession of the site which was being managed by his father Raghunath Panda. He contemplated to build a house on the site, but as he was in active service (admittedly serving in the Army at Poona). he could not do so. He complained that in May, 1964. defendant forcibly entered upon the disputed property and raised a thatched shed. THE plaintiff, therefore, prayed for ejectment of the defendant from the disputed bit of land.