SUDHAKAR DHAL Vs. STATE OF ODISHA AND ANOTHER

JUDGEMENT

(1.) The unsuccessful plaintiff of C.S. No. 517 of 2010 of the court of learned Civil Judge (Senior Division), Dhenkanal has called in question the judgment and decree passed by the learned Additional District Judge, Dhenkanal in R.F.A. No. 18/28 of 2012/2014 confirming the judgment and decree passed by the trial court in dismissing the suit.

(2.) For the sake of convenience, in order to bring in clarity and avoid confusion, the parties hereinafter have been referred to as they have been arraigned in the trial court.

(3.) The plaintiff's case is that in the year 1971 on the auspicious day of 'Akshaya Trutiya' he entered into the suit land which was lying fallow, made it fit for cultivation and continued to possess the same by raising crops every year. Said possession is claimed to be open, peaceful and to the knowledge of all concerned including the State, the owner of the suit land. It is further stated that the plaintiff has been in possession of the suit land since the year 1971 which has been reflected in the remark column of the Record of Right published in the year 1984. Thus, it is stated that the plaintiff has acquired the title by way of adverse possession. When some time prior to the suit, he was asked by the local Revenue Inspector to vacate the suit land, apprehending dispossession, he filed the suit for declaration of his right, title and interest and confirmation of possession over the suit land asserting his claim of acquisition of title by way of adverse possession upon extinguishment of the title of the State therein.