DUANA MOLIKO Vs. BHAGABAT BISO

JUDGEMENT

(1.) THIS is a defendant's appeal arising out of a suit for declaration of title and recovery of possession.

(2.) THE dispute relates to 1. 73 acres of agricultural land locally known as Chabrikuti in village Bisipada in the district of Phulbani. It is the case of the plaintiffs that the land originally formed part of the bed of a tank which gradually silted up and was lying fallow for some time when the villagers of Bisipada including the plaintiffs and their ancestors reclaimed it and made it fit for cultivation. They claimed to have been in possession of the said land for the last thirty years, utilising its usufruct for their village deity Sri Ramachandra Mahaprabhu. The plaintiffs filed the suit both in their personal capacity as well as in their representative capacity representing the entire body of villagers of Bisipada, their case being that the defendants having no manner of title or possession were creating disturbance in the possession of the plaintiffs. There was a proceeding under Section 145, Cr. P. C. , in the Court of the Sub-divisional Magistrate, Phulbani, between the defendant-appellants and some others as the first party and the plaintiff-1 (respondent-1) along with others as the second party. The Magistrate by his order dated 9-12-53 declared possession in favour of the defendants who were to retain the same until they were evicted in due course of law. Plaintiffs have therefore filed the present suit for declaration of title and for recovery of possession of the suit land from the defendants.

(3.) THE defence case in brief is that the land in question forms part of plot No. 13 of their village Mandlapadar and it is not in village Bisipada, the village of the plaintiffs. It forms part of a vast tract called Rangukuti of which the defendants are in possession from time immemorial.