JOGINATH ROUT Vs. STATE OF ORISSA & OTHERS

JUDGEMENT

(1.) This appeal has been filed challenging the judgment and decree passed by the learned Additional District Judge, Athgarh in RFA No. 40 of 2014 confirming the judgment and decree passed by the learned Civil Judge (Sr. Division), Athgarh in Civil Suit No. 65 of 2005.

(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 courts below.

(3.) Plaintiffs case is that initially land under Sabik khata under plot no. 33 measuring an area of Ac. 16.10 decimals stood recorded as Amba Bagayat and that has been converted to fraction plot. From out of those lands under Khata No. 728 under plot no. 139, land measuring an area Ac. 0.02 decimals has been converted as Sarba Sadharana Rrasta. It is stated that over the said patch of land, plaintiff and many others are in possession in respect of some portions and are carrying on their business activities. The plaintiff specifically claims to be in possession of the suit land measuring Ac. 0.02 decimals by putting cabin and running commercial activities therein. It is also stated that altogether forty two persons have been possessing some portions of land in total measuring Ac. 1.02 decimals and they are doing different types of business and earning their livelihood. The land in question is situated on the North side of the road running from Cuttack to Narasinghpur. Thus, it is the land which adjoins the road and as such is road side land. The defendant no. 3 initiated encroachment cases against those unauthorized possessors including the plaintiff. It is further stated that defendant no. 4 and his brothers are also in possession of Government land under separate plot bearing no. 93 under Khata no. 728 by constructing a building and they have let those out to others. So, for the said purpose, encroachment case No. 71 of 2005 has been initiated against the brother of defendant no. 4. It is next stated that status of such encroached land is road and all such shop houses standing on the suit plot are in front of residential houses of the respective persons and is intervened by cement concrete village road of 15 feet. It is also the case of the plaintiff that he is in possession of the said land for more than 45 years prior to the suit and his possession is open, peaceful, continuous and adverse to the interest of the State who is the owner of the said land that too to the knowledge of the State. Therefore, he claims to have perfected title over that piece of land by virtue of adverse possession. The suit has been filed apprehending the eviction in the hands of the Authorities of the State. The prayer in the suit is to declare plaintiff's right, title and interest over the suit land as to have been acquired by adverse possession, also to permanently injunct the State Authorities from passing any order of eviction and lastly for a direction to the Authorities to allot the suit land in favour of the plaintiff.