HALADHARA SAMAL Vs. SMT. KANAKALATA SAMAL

JUDGEMENT

(1.) This appeal is directed against the judgment and decree of learned District Judge, Cuttack in R.F.A. No.53 of 2004 confirming the Judgment and decree of the learned Civil Judge (Jr. Division), 2nd Court, Cuttack in Title Suit No.11 of 2002/T.S. No.165 of 1997.

(2.) The appellant, as plaintiff, filed the above noted suit for recovery of possession of the suit land measuring Ac.0.012 links described in schedule of the plaint on the plea that he purchased Ac.0.20 dec. of land out of Sabik Plot No.9, under Sabik No.263 of village Bidyadharpur by menas of a registered sale deed dated 16.7.1975 and was in peaceful possession of the same, but the defendant-respondent encroached into the disputed area of Ac.0.012 links without having any-right, and title over the same.

(3.) The present respondents, as defendants, pleaded that they never encroached into any land belonging to the plaintiff on sabik plot No.9 and that they are in peaceful possession of their own land situated on the neighbouring sabik plot No.19. The defendants also challenged the maintainability of the suit on the ground of limitation, lack of cause of action, lack of distinct identity of the suit property, lack of pecuniary jurisdiction of the concerned Court, etc. The parties adduced oral and documentary evidence. Learned trial Court on perusal of such evidence, dismissed the suit of the plaintiff with the observation that the suit land is not part and parcel of the Sabik Plot No.9 and that the plaintiff was never in possession of the same, and hence, there was no question of the defendants encroaching into the suit land.