SPECIAL SECRETARY TO GOVT IN Vs. BANSIDHAR NAIK

JUDGEMENT

(1.) THIS is an appeal by the defendants against the judgment and decree of learned Civil Judge (Sr.Division), Bhubaneswar in Title Suit No. 382 of 1998.

(2.) RESPONDENT as plaintiff filed the above said suit for declaration of his title, confirmation of his possession over the suit land, for issue of permanent injunction restraining the defendants from interfering in his possession over the same and also for direction to the defendants to declare that the record of the suit land prepared by the settlement authorities is wrong and illegal and to prepare the record of rights for the suit land in his name and to disburse that record of rights to him.

(3.) THE appellant Nos. 1 and 2, as defendants filed separate written statement denying the claim and allegation of the respondent. Appellant No. 1 as defendant No. 1 pleaded that Plot No. 1726 having an area of Ac. 64.65 decimals was Jhati jungle and recorded under Anabadi Khata in favour of the State Government and during 1973 -74 settlement also this land was recorded in the name of the State under Rakshit Khata No. 1076, Plot No. 4706. Defendant No. 1 pleaded that the respondent's father was never in occupation of the suit land since 1941, but the respondent has recently occupied a portion of the said plot measuring Ac. 0.682 decimals and has illegally constructed the small thatched house and asbestos houses and has let those house to outsiders. The appellant No. 1 thus pleaded that neither the respondent nor his father has acquired any title over the suit land. Appellant No. 1 also challenged the maintainability of the suit on the ground of limitation, non -joinder of necessary parties as well as non -service of proper notice under Section 80 of the C.P.C.