MADHABA CHARAN DAS Vs. GIRIDHARI PADHI AND OTHERS

JUDGEMENT

(1.) This is a plaintiff's appeal against reversing judgment. The suit was for declaration of title, permanent and mandatory injunction.

(2.) The case of the plaintiff is that defendants 1 and 3 are the sons of defendant no.2. They purchased an area Ac.0.510 dec. out of Ac.0.519 dec. appertaining to khata no.64, plot no.221 of Umapuri Mouza, Berhampur by means of three registered sale deeds. He purchased the southern site of plot nos.218 and 219 by means of a registered sale deed dated 25.3.1991 under the impression that the suit plot is a part of plot no.219. After obtaining approval of the building plan from B.R.I.T., he constructed a rice mill over the same. The rest Ac.0.009 dec. land of plot no.221 is used as passage. The defendants have not purchased the same. The suit land is the passage of the plaintiff for his access to the public road. There is no other passage. The plaintiff and his predecessor use the suit site as their passage peacefully and continuously for more than thirty years and, as such, perfected title by way of adverse possession. When the defendants created disturbances in his possession, he instituted the suit seeking the relief mentioned supra.

(3.) The defendants filed written statement denying the assertions made in the plaint. Their specific case is that the entire lands situate on the east of the Khajuria road. Plot nos.221, 219, 218 and 220 are agricultural lands. They purchased the entire plot no.221. The plaintiff purchased the land in the year 1991 by means of a registered sale deed. The plaintiff has not purchased any land out of plot no.221. There is no passage adjoining to the land of the plaintiff. The village map as well as R.O.R. does not reflect existence of road. There is no compound wall at the time of purchase of the land by the defendants. Plot nos.218 and 219 have been purchased by the plaintiff by means sale deed. Plot no.220 is the Bijesthali of Uttareswar Mohaprabhu. Plot nos.220, 219 and 218 exist on the northern side boundary plot no.221. The sale deed of the plaintiff does not reveal that the suit land is a part of plot no.219. The suit plot is a part of plot no.221. As the plaintiff made a false claim of passage over the suit site, the defendants filed a demarcation case. The Amin of the office of the Tahasildar came and measured the land. But then the plaintiff had put his signature in the Amin's report.