NAKUL MISHRA Vs. STATE OF ORISSA & ANOTHER

JUDGEMENT

(1.) This appeal has been directed against the judgment and decree passed by the learned District Judge, Sambalpur in R.F.A. No. 66 of 2006 confirming the judgment and decree passed by the learned Civil Judge (Junior Division), Sambalpur in C.S. No. 05 of 2005. The appellant as the plaintiff has filed the suit for declaration of right, title and interest over the land described in the schedule of the plaint and for a direction to record the suit land in his favour as also permanent injunction arraigning the State and its official as the defendants.

(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 court below.

(3.) Plaintiff's case is that he was originally the resident of village Khinda. When Hirakud Dam Project come up over there he had to migrate to village Thelkoli being an oustee. So in the year 1956, he purchased a piece of homestead land measuring Ac0.05 decimals in the said village. He occupied the same and lived with the family in a house constructed by him over it. It is his case that adjoining land belonging to the Government was lying by the side of his purchased land and since the time of his purchase, he remained in occupation of said land. He began to occupy a portion of the Government land and started using it as garden. In course of time, he installed a huller machine and constructed a bath room over it. Thus, it is stated that the plaintiff has been in possession of the said suit land since the beginning and from the time he went to possess the land in village Thelkoli having purchased it from its owner. He claims to be in possession of the suit land for about 40 years up-till the suit. His further case is that the defendants have initiated encroachment cases against him for such occupation alleging to be unauthorized and imposed penalty. Despite the assurance for the final settlement of the land in favour of the plaintiff who is a project oustee and whose land in the original native village got submerged under Hirakud Dam Project, no such development in the light of settlement having taken place, the plaintiff has been forced to file the suit when the threat to evict him persisted. Defendants contested the suit denying the plaint averments.