THE MUNICIPAL COUNCIL Vs. SMT. RAMBHABATI DEVI

JUDGEMENT

(1.) THIS is an appeal from the judgment and decree passed by the learned Additional Subordinate Judge, Cuttack dismissing the Plaintiff 's suit. Plaintiff is the Appellant.

(2.) PLAINTIFF is the Municipal Council of Cuttack. His case is that he is the owner of plot No. 222 appertaining in Khata No. 277 with an area of O;311 acre situate in Mouza Mirkamal Patna otherwise known as Thoria Sahi of Cuttack town. The Plot has been recorded in the record -of -rights of the Current Settlement (Ext. 5) as latrine and as a matter of fact there is a public latrine on the land. The area within the plot surrounding the latrine is used for the purpose of conservancy. On the adjoining east of plot No. 222 are situate plot Nos. 265 and 652 belonging to the Defendant (Respondent). In the year 1962, the Defendant encroached upon a 35 decimals out of plot No. 222 on the eastern side and constructed a thatched house with pucca walls thereon shown in red in the plaint map without obtaining prior permission of the Municipal Council for making the construction. Despite notice the Defendant did not vacate the encroached. area and so in filing the suit the Plaintiff has prayed for a decree of eviction and damages at the rate of Rs. 105/ - per annum.

(3.) THREE main issues were framed by the learned Subordinate Judge, namely whether (1) the suit 35 decimals of land appertains to plot No. 222 belonging to the Plaintiff or to plot Nos. 265 and 652 belonging to the Defendant; (2) the Defendant has perfected .her title in ' respect of the suit 35 decimals of land by adverse possession, and (3) the suit is barred by limitation. In answering the issues, he held that the suit 35 decimals of land does not appertain to plot No. 222 belonging to the Plaintiff, but appertains to plot Nos. 165 and 252 belonging to the Defendant that being so, the Defendant did not acquire title in respect thereof by adverse possession. On the other hand the suit is barred by limitation under Article 144 of the old Limitation Act. Accordingly, he dismissed the suit.