CHINTAMANI ROUT Vs. SARAT CHANDRA DASH

JUDGEMENT

(1.) Defendant Nos. 1 to 3 are appellants against a reversing judgment.

(2.) Plaintiff-respondent No. 1 instituted the suit for declaration of title, confirmation of possession and permanent injunction. The case of the plaintiff was that the suit land was recorded in the name of Prananath Mohapatra, ex-intermediary, in the sabik settlement. He along with his son, defendant No. 4, was in possession of the suit land. He brought Maheswar Dash, father of the plaintiff, to the village in year 1949 to work as a priest. In lieu of his service, the ex-intermediary allotted the suit land for maintenance. The ex-intermediary had executed a permanent lease deed in favour of his father on 1.4.1955. The suit land had been wrongly recorded in the name of Government of Orissa in the hal ROR. The plaintiff was in possession of the land for more than 30 years peacefully, continuously and with the hostile animus to the defendants and as such perfected title by way of adverse possession. Defendant Nos. 1 and 2 fraudulently obtained lease of the land from the Government. The Tahasildar, Anandapur, defendant No. 6, initiated encroachment case against him in the year 1986, but then no order was passed.

(3.) Defendant Nos. 1 and 2 filed written statement stating therein that after vesting of the land, the State became the paramount owner. A registered sale deed was executed in his favour on 1.2.89. Land was duly delivered to him.