GHANSHYAM SAHOO Vs. KENDRAPARA MUNICIPALITY

JUDGEMENT

(1.) This review is directed against the judgment and order dated 23rd of August, 1999 passed by the learned single Judge of this Court in Second Appeal No. 280 of 1991.

(2.) Plaintiff was the appellant before this Court against a reversing judgment. Case of the plaintiff is that one Giridhari Tripathy executed a Hukumnama on 10-7-1932 in respect of a piece of land measuring Ac.2.76 decimals authorizing him to reclaim the area and make it fit for cultivation and in return, plaintiff was to possess the same for a period of ten years and appropriate the usufructs. In the year 1935, the plaintiff started cultivation. After death of Giridhari, his son Shyamasundar asked the father of the plaintiff to give up possession of the land in the year 1936. However, the father of the plaintiff did not agree and continued to possess the land till 1960. The plaintiff thereafter continued to remain in possession till 1984 without any interruption. In the year 1984, Kendrapara municipality started construction of houses for the Sweepers' Colony in the suit land. In view of the above, the plaintiff filed the suit for declaration of title and confirmation of possession.

(3.) The Kendrapara municipality filed written-statement stating therein that the land originally belonged to Girdhari Tripathy who had mortgaged the same under a registered mortgage deed dated 10-9-1929 in favour of one Sadhu Charan Behera. Giridhari Tripathy not being in a position to pay back the loan, sold the aforesaid mortgaged land to Sadhu Charan Behera on 13-1-1939 under a registered sale deed. While Sadhu Charan Behera was possessing the said land, he inducted Srimati Bewa, his widow sister-in-law as a sub-tenant in the year 1959. Said Srimati Bewa sold the land to Kendrapara municipality on 31-7-1964 and delivered possession. The suit was decreed by the trial Court and in appeal, the findings of the trial Court were reversed and the plaintiff's suit was dismissed.