MADAN MOHAN MOHANTA Vs. BIDYADHAR MAHANTA AND OTHERS

JUDGEMENT

(1.) This appeal has been filed challenging the judgment and decree passed by the learned District Judge, Keonjhar in Title R.F.A. No. 41 of 2007 confirming the judgment and decree passed by the learned Civil Judge (Sr. Division), Keonjhar in Civil Suit No. 36 of 2003. The appellant being the plaintiff had filed the above suit and the suit having been dismissed, he had carried an appeal and as that has also not yielded any fruitful result to him, the present move is before this Court by filing the second appeal under section 100 of the Code of Civil Procedure.

(2.) For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to as they have been arraigned in the trial court.

(3.) Case of the plaintiff is that the suit land is a piece of Government land which has been so recorded in Hal Settlement record with note of possession. It is stated that the plaintiff and defendant No. 5 to 7 have been in possession of the suit land since the time of their father continuously more than 40 years to the knowledge of all concerned. For that an encroachment case had also been initiated and in that proceeding fine being imposed and the same having been paid, the plaintiff claims to have got the possessory title over the suit land with those defendants as they have remained in possession for more than the prescribed period. It is stated that the defendant No. 1 to 4 having no right, title, interest and possession over the suit land when forcibly attempted to occupy the suit land, apprehending trouble, the plaintiff had to file the suit. The defendant No. 1 to 4 contested the suit. It is their case that their common ancestor Baburam had encroached the suit land along with the land under plot No. 96 and 97. Baburam's three sons reclaimed the suit land jointly by making it cultivable by the year 1950. A note of possession in respect of the suit land was there in the name of Baburam in the Yadast No. 88 and 89 of 1950. Baburam died in the year 1975 and thereafter his three sons possessed the suit land. Sudarsan the eldest son of Baburam died in the year 1978 leaving behind defendant No. 1. Baburam's second son Makru died in the year 1998 leaving behind defendant No. 2 to 4 and they along with Jagabandhu remained in possession of the suit land. The plaintiff and defendant No. 5 to 7 are the sons of Jagabandhu. It is stated that the encroachment case was mischievously initiated to serve the purpose of grabbing the suit land.