SARMISTHA MAHAPATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is by the plaintiff.

(2.) The case of the plaintiff is that her mother had donated Ac.0.100 dec. of land appertaining to Plot No.3550/3930/4992 to her husband by means of a gift deed dated 26.5.1965. An area of Ac.0.092 dec. of Government land is situated on the western side of the aforesaid land. The said land was in possession of the original vendor Arat Sahoo. The kissam of the land was 'Chandana'. She is in possession of Ac.0.192 dec. of land. In the Hal Settlement, ROR Ac.0.116 dec. of land has been recorded in her favour. The rest Ac.0.076 dec. of land is in her possession from 1948. She submitted the documents before the concerned authority to construct a house. The authority doubted the title of the plaintiff in respect of Ac.0.76 dec. of land, which is part of the suit land. Thereafter, she instituted the suit to include Ac.0.92 dec. in the ROR.

(3.) The defendant did not contest the suit and was set ex parte. To prove the case, the plaintiff had examined herself as P.W.1. On her behalf four documents had been exhibited. Learned trial court came to hold that the plaintiff failed to establish her title in respect of Ac.0.76 dec. of Government land by way of adverse possession and dismissed the suit ex parte against the defendant. Assailing the judgment and decree of the learned trial court, the plaintiff filed appeal before the learned District Judge, Berhampur, which was subsequently transferred to the learned Addl. District Judge, Bhubaneswar and re-numbered as RFA No.4/1 of 2003/0 The learned appellate court dismissed the appeal.