BERHAMPUR MUNICIPALITY Vs. MAHALAXMI SAHOO

JUDGEMENT

(1.) This is a defendant's appeal against affirming judgment.

(2.) Plaintiff-Respondent instituted a suit claiming damages of Rs.8,000/- for unauthorised removal of construction over plot no.1301. The case of the plaintiff is that she purchased the suit property by means of a registered sale deed dated 04.07.1977. After purchase, she applied to the defendant for transferring the holding in her name. Defendant transferred the holding in her name. She constructed a house in the front portion. In the backyard, she constructed a compound wall, kitchen, bathroom and latrine by spending Rs.8,000/-.

(3.) Defendant entered contest and filed a written statement denying assertions made in the plaint. The case of the defendant is that the area in question measuring 18 cents stood recorded as municipal stone rock. The encroachment by one Yosodamma was detected in the year 1952-53. Encroachment Case no. 63/52-53 was initiated against her. Encroached portion measuring 27 ft. 131/2 ft. out of the entire plot was withdrawn from the defendant and assigned in favour of the encroacher. The plaintiff purchased only the encroached portion of plot no.178. The same has been assigned to the plaintiff.