SANJIB KUMAR BARAL Vs. STATE OF ODISHA

JUDGEMENT

(1.) This appeal has been filed against the judgment and decree passed by the learned Additional District Judge, Balasore in R.F.A No. 204 of 2003 confirming the judgment and decree passed by the learned Civil Judge (Sr. Division), Balasore in T.S. No. 175 of 2000.

(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 court below.

(3.) The case of the plaintiff is that he is the owner in possession of land measuring Ac.0.10 decimals on the basis of his purchase from one Kamalesh Kumar Agrawala by registered sale-deed dated 22.11.1980. The purchased land appertains to C.S. No. 99 under plot No. 290. It is stated that along with the said purchased land his vendors had also transferred some land lying fallow nearby which was under his possession and within one enclosure. It is the further case of the plaintiff that this land under C.S. Plot No. 290 extended to Ac. 2.62 decimals and stood recorded in the name of Bali Bhola. On his death, his sons while in possession of the same sold it to one Khetra Mohan Sahu on 26.06.1949. Said Khetra Mohan Sahu sold Ac. 0.10 decimals out of that plot of land towards north-eastern side to the vendor of the plaintiff on 02.08.1967. The said C.S. Plot No. 290 was bifurcated into two plots bearing No. 415 and 416 in the Major Settlement. The plaintiff being in possession of the purchase land also possessed the land under M.S. Plot No. 418. He also claims title to have constructed a pucca house over the plot No. 415. Thus, he claims title over the land in suit by way of adverse possession as the said land has remained in possession of his vendor and thereafter with himself as its owner satisfying all other ingredients as required under the law for upward of the prescribed period. The State being the defendant contesting the suit and disputing claims of the plaintiff inter alia pleaded that the suit land is communal in nature.