G. SANJAY RAO Vs. STATE AND ANOTHER

JUDGEMENT

(1.) This appeal has been filed challenging the judgment and decree passed by the learned 2nd Additional District Judge, Berhampur, Ganjam in R.F.A. No. 70 of 2012 confirming the judgment and decree passed by the learned Civil Judge (Jr. Division), Berhampur in Civil Suit No. 168 of 2002. It is pertinent to state here that earlier this appeal after being heard in the matter of admission had been dismissed finding no substantial question of law to be involved therein. However, the matter having been carried to the Hon'ble Apex Court, as directed now it has come for hearing on admission for a decision ascribing reasons afresh as to whether there arises any substantial question of law so as to be certified for the purpose of admission.

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

(3.) Plaintiff's case is that his father who was a retired Havildar in the Indian Army being a landless person had occupied a piece of land under Sabik Khata No. 3, Plot No. 61 of village-Goilundi under Berhampur Tahasil in the year 1952 and since then he is said to have been in possession of the land all along till his death, whereafter the plaintiff claims to be continuing as such. It is, thus, stated that by virtue of their long, continuous and uninterrupted possession to the exclusion of the true owner and denying its title by claiming the same unto themselves there has been perfection of title in favour of the plaintiff by way of adverse possession. It is further stated that at some point of time encroachment proceeding was initiated and that was completely based on wrong assumption that the plaintiff has been in unauthorized occupation.