BATAKRUSHNA MALLIK Vs. PRAFULLA KUMAR PADHY

JUDGEMENT

(1.) Defendant is the appellant against the reversing judgment.

(2.) Respondent as plaintiff instituted Title Suit No. 75 of 1997 in the court of the learned Civil Judge (Junior Division), 1st Court, Cuttack for eviction, delivery of possession and recovery of arrear rent impleading the appellant as defendant. The case of the plaintiff is that his mother had purchased the suit land from the legal heirs of Gobardhan Sharaf by means of a registered sale deed dated 16.3.1994. Possession of the land was delivered to the vendee. In the year 1995, the plaintiff inducted defendant as a tenant at Rs. 50.00 per month in the suit house. The defendant wilfully defaulted in paying the rent since May, 1996. With this factual scenario, he filed the suit seeking the reliefs mentioned supra.

(3.) Defendant filed a written statement denying the assertions made in the plaint. The case of the defendant is that the land was lying fallow. In the year 1944, the forefathers of the defendant cleared the bushes, constructed a house and stayed therein along with the family members. After death of his father, the defendant continued to possess the suit house openly, peacefully and uninterruptedly for more than the statutory period and as such, perfected title by way of adverse possession. The mother of the plaintiff had purchased some land from the above plots from Sharaf Family. The suit house is not situated over the land of the plaintiff's mother. She had never inducted the defendant as a tenant. The mother of the plaintiff had not taken delivery of possession of the land.