LAXMAN Vs. CUTTACK MUNICIPAL COUNCIL

JUDGEMENT

(1.) In this revision, the plaintiff impugns the order of the trial Court rejecting his application for amendment of the plaint.

(2.) The plaintiff has sought a decree for permanent injunction restraining the defendants from interfering with his possession and alternatively, if it is found that he has no title, for a decree of permanent injunction restraining the defendants from interfering with his possession without recourse to the procedure established by law.

(3.) The suit was instituted for certain action taken by the authorities during the middle of 1975. The plaintiff has alleged that a part of his building abutting on municipal road was pulled down arbitrarily and without sanction of law; assuming that the land belonged to the Jagannath Road Fund, by his open and hostile user for more than the statutory period, he had acquired title and was not liable to be dispossessed. The suit for permanent injunction has been founded on these allegations.