SARASWATA JANI Vs. SATRUGHNA MALLIK

JUDGEMENT

(1.) This appeal has been directed against the judgment and decree passed by the learned District Judge, Phulbani in Title Appeal No. 08 of 1985 confirming the judgment and decree passed by the leaned Additional Sub-Judge, Phulbani in Title Suit No. 21 of 1983 in decreeing the suit filed by the original plaintiff, Satrughna Mallik against the original defendant-Saraswata Jani. It is pertinent to state that during pendency of the appeal before this Court, the original plaintiff and the defendant having died, their legal representatives being substituted are on record and they are now pursuing this appeal.

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

(3.) The plaintiffs case is that the suit land originally belonged to Rama Mallik who happens to be the grandfather of the plaintiff. It is stated that the land having been recorded in the name of Rama as per the Record of Rights of the year 1922-23, he was in possession of the same all along till his death. Upon his death, his only son Gajendra who happens to be the father of the plaintiff began to possess the same as it's owner during the life time and thereafter the plaintiff being the son of Gajendra, took over reign and as such came to peacefully possess and enjoy the suit property. It is alleged that the defendant, being the western adjoining land owner in order to grab the suit land insisted the plaintiff to sell the same to him. The plaintiff having refused to do so, the defendant created trouble in the peaceful possession for which he ultimately lodged a proceeding under Section 145 Cr.P.C. vide Misc. Case No. 04 of 1978 on the file of Executive Magistrate. G. Udayagiri. The proceeding however ended with an order in favour of the defendant. The plaintiff having carried a revision did not succeed in upsetting the said order declaring possession of the defendant as on the date of preliminary order passed in the said Misc. Case. It is also stated that during the last settlement operation, the defendant influenced the settlement authorities advancing a claim of possession over the suit land and some how managed to get the same recorded in his name. Further, the allegation has been made against the defendant that he had advanced a false claim before the Executive Magistrate, G. Udayagiri in that proceeding under Section 145 of the Code that the land was purchased by one Kosta Jani and that he has been instituting different cases against the plaintiff only to harass and deprive him of the property. The claim of the plaintiff is that the defendant has no right, title and interest over the suit land. So, the suit has been filed for declaring the plaintiff's right, title, interest and right to possess the suit land and for recovery of possession of the same from the defendant.