BIJAY KISHORE SWAIN Vs. HAREKRUSHNA NAYAK

JUDGEMENT

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

(2.) The respondent as plaintiff instituted T.S. No.48 of 1992-I in the court of the learned Sub-Judge, Bhadrak for declaration of title, confirmation of possession, eviction and permanent injunction impleading the appellant as defendant. The case of the plaintiff is that one Bhabagrahi Barik was the recorded owner of the suit property as per C.S.R.O.R. After his death, his two sons alienated the land to him by means of a registered sale deed dated 16.8.1966 and delivered possession. The land was mutated in his favour. He used to pay rent. After purchase, he demarcated the land and raised fence. He had constructed a house over the same in the year 1967. He had another house at 24 Pragana in the State of West Bengal. He used to stay outside. The defendant married to his sister. The defendant had purchased a land adjacent to north side of the suit house. The defendant approached him to reside in the suit house temporarily till completion of his house. He agreed to the proposal of the defendant. Thereafter the defendant has been residing in the suit house from the year 1969. The plaintiff requested to the defendant to leave the house whenever the same would be required by him for personal use. The plaintiff evinced an intention to stay in the house to look after the properties of his village. He requested the defendant to vacate the suit house. But then, the defendant did not vacate the house. With this factual scenario, the suit was instituted seeking the reliefs mentioned supra.

(3.) The defendant filed a written statement contending, inter alia, that the suit plot was purchased by him in the name of the plaintiff as benami. He could not mutate the land and record his name in the M.S.R.O.R. He is in possession of the suit land. After purchase, he constructed a thatched house on the southern side of the suit land. In the year 1969, he had constructed an asbestos house. The plaintiff is not in possession of the suit land. He is in exclusive possession of the suit land peacefully, continuously and to the hostile animus of the plaintiff for more than the statutory period and as such perfected title by way of adverse possession.