SURENDRA PANIGRAHI Vs. ABHIRAM SAHU

JUDGEMENT

(1.) Defendant is the appellant against a confirming judgment.

(2.) Case of the plaintiff is that the suit land was originally recorded in the name of Rath Panigrahi, predecessor-in-interest of the defendant. One Narayan Panda purchased the suit property in a court auction and took delivery of possession. He sold the same to Baidyanath Raut by means of a registered sale deed dated 1.5.1945. Arjun Sahu and his brothers Bansidhar and Baishnab purchased the suit land from Badyanath by means of a registered sale deed dated 18.11.1946. Possession of the land was delivered to the vendees. Bansidhar and Baishnaba were issueless. After their death, Arjuna, father of the plaintiffs, became the sole owner of the suit property. Major Settlement operation in the area, where the suit land falls, started in the year 1962. The ROR was finally published in the year 1968. Arjuna died prior to 1962. The defendant managed to get the suit land recorded in his name. In the year 1978, the defendant tried to dispossess the plaintiffs from the suit land. With this factual scenario, they instituted O.S.No.160 of 1978 in the court of the learned Munsif, Balasore for correction of record of right through their next friend, since they were minors.

(3.) The defendant filed a written statement denying the assertions made in the plaint. Case of the defendant is that the suit land is his ancestral homestead. He is in possession of the same for more than twelve years and as such perfected title by way of adverse possession.