CHAKRAPANI MAHAKUR Vs. BINOD BIHARI DASH & ANOTHER

JUDGEMENT

(1.) This appeal has been filed challenging the judgment and decree passed by the learned Additional District Judge (F.T.C.), Bargarh in Title Appeal No.17/45 of 2001/03 allowing the appeal preferred by the defendants respondents being aggrieved by the judgment and decree passed by the learned Civil Judge (Junior Division), Bargarh in Title Suit No.18 of 2000 decreeing the suit filed by the present appellant-plaintiff.

(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 arraigned in the trial court.

(3.) Plaintiff'S suit is for declaration that he is in possession of the suit land and for injunction against the defendants as well as recovery of possession in case he is found so dispossessed during the suit. It is his case that he is the owner in possession of the land under M.S. Khata Nos.45 and 46 situated at village-Brahmachari. The land belonging to the Irrigation Department is situated by the side of the above land of the plaintiff and he claims to be in possession of the land under major settlement plot nos.672,676,677,678,692 and 452 appertaining to M.S. Khata No.1 for 40 years prior to the suit constructing house, garage and having thrashing floor over there. The possession is said to be continuous and without any interference from any quarter and as such reflected in the consolidation land register. It is his further case that Tahasildar, Bargarh had initiated encroachment proceedings in the year 1991 and thereafter which are still subjudice. It is alleged that with the connivance of the Revenue Inspector, Bargarh the defendants have managed to initiate an encroachment case in respect of the suit land in the year 2000 in their name and subsequently finding the opportune moment in the absence of the plaintiff and his lawyer have managed to obtain an order in their favour in the said encroachment case. The order having been appealed against, now it is submitted at the Bar to be pending at the revisional forum after dismissal of the appeal. It is stated that the defendants are having no manner of right, title and interest or possession over the suit land are attempting to dispossess the plaintiff from the suit land. It is also averred that the defendants have forcibly constructed a wall over the land under plot no.678 despite the vehement protest of the plaintiff and violating the prohibitory order passed by the Sub-Collector, Bargarh.