SOBHABATI Vs. LAKSHMI CHAND

JUDGEMENT

(1.) This is a revision against the decision of the learned Munsif, Bargarh, dismissing the plain-tiff's suit under Section 6, Specific Relief Act, for recovery of possession.

(2.) The property in dispute is 8 decimals in extent located in an important locality in Barpali. The plaintiff's case is that the land which was full of ditches was levelled by her and small kucha hutments were constructed thereon. One of the hutments was occupied by her husband and herself and the rest were let out to others. This continued for three years. When her husband got a job, she shifted to a house in the basti. Nevertheless the property remained in their possession and enjoyment. They had put fence around the plot and used to repair the same year after year until 1978 when defendant 1 acting at the behest of the other defendants unauthorisedly came upon the land and started digging foundation and erecting structures. This furnished the cause of action for the suit.

(3.) The plea of the contesting defendants is that the suit property belonged to the Gram-panchayat which stood recorded as the tenant in the Record-of- Fights. After the constitution of the Notified Area Council for Barpali, the latter is the owner. The husband of the plaintiff who was an Amin got the name of his wife recorded- in the remarks column of the Record-of-Rights though she was never in possession. During the year 1975-76, the ditches were covered up with earth and a road was constructed over it for the market complex. Foundation stone for the market complex was laid in 1976 over a portion of the land. The parties went to trial and the learned Munsif disbelieved the story of the plaintiff that she was in possession until 1978 when she was dispossessed and accordingly dismissed the suit.