JAGANNATH ALIAS JAGAMOHAN DHARUA Vs. PRITHWIRAJ SINGH DHARUA

JUDGEMENT

(1.) This appeal has been filed against the judgment and decree passed by the Learned Subordinate Judge, Bolangir in T.A. No. 5/5 of 1984 reversing the judgment and decree of the Learned Munsif, Bolangir in T.S. No. 28 of 1976.

(2.) RESPONDENT No. 1 -Prithwiraj Singh Dharua as plaintiff filed Title Suit No. 28 of 1976 in the Court of Learned Munsif, Bolangir praying for declaration of his title over the suit land pleading inter alia that his predecessor Harihar Singh Dharua, the Gauntia of the Village Barla was in possession of the Bhogra land including the suit land and as successor of Gauntia he was in possession of the Suit Land. On abolition of Gauntia system in 1951, the State Government settled the suit land in his favour along with his brothers (defendant Nos. 5 and 6), as they were the sons of Ex -Gauntia and were found to be in possession of the suit land. It was claimed in the plaint that defendants 1 to 4 (the present appellants), who are strangers to the family of the Gauntia challenged the settlement of the suit land in favour of the plaintiff and defendants 5 and 6 before the Appellate and Revisional Forums, but their objections were dismissed on merit. It was also averred that there was an amicable settlement between the plaintiff and defendants 5 and 6 wherein the suit land fell to the share of the plaintiff and he accordingly became the exclusive owner and possessor thereof. The suit land was recorded in his favour at the initial stage of the settlement, but defendants 1 to 4 managed to get their names recorded in the raiyati patta in the final stage of settlement and started creating trouble in the possession of the plaintiff over the suit land for which the plaintiff filed the suit for declaration of his title over the said land.

(3.) THE trial Court framed as many as 10 issues and received evidence of the parties and on consideration of such evidence it dismissed the suit of the plaintiff with observation that defendant Nos. 1 to 4 were in possession of the suit land, that the suit is hit under Article 65 of the Limitation Act as plaintiff failed to prove his possession over the suit land within 12 years from the date of filling of the suit and that the suit is not maintainable in view of Section 34 of the Specific Relief Act. The plaintiff thereafter carried appeal before the Learned Subordinate Judge, Bolangir in Title Appeal No. 5/5 of 1984 and the said Court allowed the appeal on contest, reversed the findings of the trail Court and declared the title of the plaintiff over the property holding that defendants 1 to 4 could not produce sufficient evidence to establish that they are the co -sharers of the Ex -Gauntia; that the paternal uncle of defendants 1 and 2 had fought litigation and lost his claim over the suit land and defendants 1 to 4 also did not challenge the settlement within the period of limitation; and that defendant Nos. 1 to 4 failed to produce evidence to establish their title by adverse possession. Challenging the said findings the present appeal has been filed.