BHUBAN MALLIK AND ANOTHER Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an appeal by the plaintiffs against the judgment and decree of the learned Additional District Judge, Bhadrak in Title Appeal No.6/121 of 1985/87-I confirming the judgment and decree dated 21.12.1984 and 7.1.1985 passed by the learned Munsif, Bhadrak in T.S. No.111 of 1980.

(2.) The case of the plaintiffs is that the suit land originally belonged to the ex-Landlords, Upendra Mahapatra and others. It was recorded as "Anabadi" in 1930 settlement. Plaintiff no.1 is the uncle of plaintiff no. Both of them are in joint mess and property. They took the suit land on lease basis from the ex-landlords on payment of salami of Rs.200/- by means of an unregistered leased deed in the month of Falgoon of 1350 sal. Possession was delivered to them. They are in peaceful possession of the same from the date of lease. They made it fit for cultivation by spending huge amount and raised paddy crops. They used to pay rent to the ex-landlords. They are in possession of the suit land for more than thirty years and as such they have perfected title by way of adverse possession. Their house was completely damaged in 1960 flood. The unregistered lease deed and other valuable papers were also damaged in the said flood. While the matter stood thus, the suit land vested in the State Government. When the plaintiffs tendered rent, the R.I. refused to accept it. With this factual scenario, they instituted the suit for declaration of right, title, interest and confirmation of possession over the suit schedule land and also for declaration that the Major Settlement entry relating to the suit schedule land is wrong and also for issuing permanent injunction against the defendant.

(3.) Pursuant to issuance of summons, the defendant entered appearance and filed a written statement. The case of the defendant is that the plaintiffs had not taken the suit land on lease from the exlandlord. They are not in possession of the same from 1350 sal. They have no semblance of right, title and interest over the suit land. The Major Settlement entry was prepared after due verification. Encroachment cases were initiated against the plaintiffs as they were in unauthorized possession of the suit schedule land.