HARIHAR SARAF Vs. STATE OF ORISSA AND ANOTHER

JUDGEMENT

(1.) This appeal is by the plaintiff.

(2.) The case of the plaintiff is that his father had reclaimed and possessed the suit lands after obtaining written permission from Jogiram Gountia of village Uchhabapali on 12.03.1945. The Gountia was authorized by the State Government to accord such permission. His father was in continuous possession till his death. After death of his father, he remained in possession of the suit land continuously, peacefully and openly with hostile animus to the defendants for more than the statutory period and as such perfected title by way of adverse possession. It is stated that his father was a raiyat in respect of the suit lands under the Patna State Tenancy Law. The Gountia recognized him as a raiyat and accepted rent from him from 1949 to 1951, i.e., till the abolition of Thikadari system in Patna State. While he was in possession, the Tahasildar initiated an encroachment case bearing no.183 of 1973. In the said case, he approached the Tahasildar for settlement of the suit lands in his favour on the basis of his long possession, but the same was refused by him on 27.5.74. Hence he instituted the suit for declaration of right, title and interest.

(3.) The case of the defendants is that at no point of time the plaintiff or his father had ever exercised any right of ownership over the suit lands to the knowledge of the State. In 1976 settlement, the suit lands stood recorded in the name of the State. Plaintiff had not raised any objection before the settlement authorities disputing the correctness of the entries made in the record of right. He has not filed the suit within the period of limitation for correction of the record of right.