JAGABANDHU NAIK Vs. GOURI BANDHA

JUDGEMENT

(1.) Plaintiffs are the appellants against the confirming judgment and decree of the Subordinate Judge, Bhadrak in Title Appeal No. 22 of 1975. Plaintiffs suit is for declaration of title, confirmation of possession and giving direction to the defendants to fill up the tanks dug out over the disputed 'Ka' and 'Kha' schedule lands and for damages.

(2.) According to the plaint case schedule 'Ka' land appertains to plot No. 1500 measuring Ac. 0.04 decimals which was purchased from one Netramani Naik by a registered sale deed dated, 31-7-1957 (Ext. 1). Schedule 'Kha' land is a part of Ac. 0.05 decimals appertaining to plot No. 1501 which the plaintiff No. 2 got from one Rani Bewa by virtue of a registered gift deed dated, 7-2-1948 (Ext. 2) and the plaintiffs thus were in possession of the same. The defendants have a tank on plot No. 1500/1771 which they purchased and the said tank lies adjoining north of the suit plots. The defendants forcibly dug out portions of the two plots namely, plot Nos. 1500 and 1501 in the year, 1966 as a result of which the disputed portion formed a part of the tank. Accordingly, the present suit is by the plaintiffs with a further prayer that Rs. 270/- be paid as damages.

(3.) The defendants denied all the allegations made in the plaint and have averred that the disputed lands are part of their plot No. 1500/1771 and they have been enjoying the same uninterruptedly as of right for more than 100 years and have acquired title by adverse possession. On these pleadings, the learned Munsif has found relying on the report of the civil court commissioner that the disputed 'Ka' and 'Kha' schedule lands appertain to plot Nos. 1500 and 1501 respectively belonging to the plaintiffs. He has also held that the defendants have failed to adduce evidence to the effect that they are possessing the disputed land adversely and have perfected their title by adverse possession. But all the same, he has dismissed the plaintiffs' suit on a further finding that the plaintiffs have failed to prove their possession within 12 years from the filing of the suit.