NARASINGHA SATAPATHY Vs. STATE OF ORISSA AND ANOTHER

JUDGEMENT

(1.) Plaintiff is the appellant against a reversing judgment.

(2.) The case of the plaintiff is that his father Rajib Satapathy purchased an area Ac.4.049 dec. of land by means of four registered sale deeds. He was in possession of area Ac.4.810 dec. His father was in peaceful and continuous possession of the suit property. He used to pay the cist to the Estate. After death of his father, he became the owner of the suit schedule property and possessed the same without any interruption by any person. He used to pay the cist to the Government. While the matter stood thus, the settlement operation in the area, where the land falls started. The settlement authorities recorded the suit plot as Gramya Jungle and Nala in sarbasadharana khata and described the same as Government land. The erroneous entry does affect his right, title and interest over the land. He is in possession of the land as a raiyat. The rest of the land, i.e., measuring area Ac.3.120 dec. had been recorded in his name in the record of right. While the matter stood thus, the defendants had taken steps to evict him from the land. With this factual scenario, he instituted the suit for declaration of right, title and interest and correction of suit plots and permanent injunction.

(3.) The defendants filed written statement denying the assertions made in the plaint. It is pleaded that the plaintiff had filed an Objection Case No.5300 of 1990 before the Assistant Settlement Officer. The same was rejected. No appeal was filed. The plaintiff had not possessed the suit land. He had not pay cist to the Government. He had not acquired title over the same.