SHAKUNTALA DEVI Vs. PADMANAV PADHEE

JUDGEMENT

(1.) This revision is directed against the judgement and decree passed by the learned Munsif, Panposh in a suit under S.6 of the Specific Relief Act ('Act' for short). The plaintiff is the petitioner.

(2.) The plaintiff's case in short is that in the year 1973 she acquired schedule 'B' land of the plaint measuring 65' X 40' out of plot No. 533/7(1) of mouza-Mahulpali within Rourkela town with a house standing thereon from one Narasingh Sahu. Since then she is in possession thereof by making improvements and has installed a flour mill. Defendant 1 (opposite party 1) is in possession of the adjacent land on the eastern side bearing plot No. 533/8 having his house thereon. Between the 30th Oct. and Ist Nov. 1979, defendant 1 in connivance with defendants 2 and 3 encroached upon 27' X 21' of land out of plot No. 533/7(1) described in greater detail in schedule 'A' of the plaint and constructed a structure thereon without having any right to do so. Therefore, in instituting the suit under S.6 of the Act, the plaintiff prayed for a decree for possession in respect of schedule 'A' land of the plaint after eviction of the defendants therefrom and for permanent injunction.

(3.) The case of defendant 1 is that schedule 'A' land of the plaint forms part of plot No. 533/8 which he is in possession since 1958. He has acquired title in respect thereof by adverse possession. Therefore, neither the plaintiff is entitled to the decree prayed for nor can he be evicted therefrom.