SMT. MINATI DAS Vs. CHOUDHURY UDAYANARAYAN ROY

JUDGEMENT

(1.) This appeal has been filed challenging the judgment and decree passed by the learned Additional District Judge (F.T.C.), Bhadrak in Title Appeal No. 78 of 1996-2005 confirming the judgment and decree passed by the learned Additional Civil Judge (Jr. Division), Basudevpur in T.S. No. 165/331 of 1995-1.

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

(3.) The case of unsuccessful plaintiff is that the suit land under Khata No. 503 and Plot No. 1641 measuring Ac. 1.37 dec. stood recorded in the name of the father of the defendant. The defendant had sold the land measuring Ac. 0.03 dec. from out of the said plot to the plaintiff along with other lands on 20.1.1965 by registered sale-deeds and thus have been recorded in the name of the plaintiff in the record of right of the major settlement under Khata No. 1285 and Plot No. 1796 which is now under possession of the plaintiff and he is paying the rent for the said land. It is next stated that in the year 1969, the defendant had entered into a contract with the plaintiff to sell Ac.0.18 dec. of land for a consideration of Rs. 2,000.00 and delivered possession of the suit land to the plaintiff and that is the land described in schedule 'kha' of the plaint for which the Courts below have refused to grant the reliefs to the plaintiff as prayed for. It is stated that though a registered sale-deed was executed pursuant to the said contract on 7.5.1969, in the said sale-deed, land under 'Ka' schedule of the plaint measuring Ac.0.02-1/2 dec. found mentioned and the land under 'Kha' schedule measuring Ac.0.01-1/2 dec. was not so described as to have been sold. However, the possession continued with the plaintiff. Fact remains that in the major settlement operation, the said land under 'Kha' schedule has been recorded in the name of the defendant. The plaintiff had many a times requested the defendant to get the said purchased land in 'Kha' schedule mutated in his favour but that has not been paid any heed to. It is stated that the plaintiff had also requested the defendant to execute a deed of relinquishment in respect of the said 'Kha' schedule land since the sale deed has not been executed pursuant to the prior contract though the consideration money has already been paid. Such request was not listened to by the defendant. The plaintiff claims to have been in possession of the land described in schedule 'Kha' for more than 12 years and thus claims the right, title and interest over the same by virtue of adverse possession alleging that the defendants on a fine morning on 1.3.1992 when cut away the trees standing over the said land and also the green fence on the western boundaries, a proceeding under section 145, Cr. P.C. was initiated and thereafter the present suit has been filed.