S GANGA RAO Vs. STATE OF ORISSA

JUDGEMENT

(1.) Plaintiff is the appellant against an affirming judgment in a suit for declaration of title and permanent injunction.

(2.) The case of the plaintiff is that the suit land is his ancestral property. He is residing in the house standing over the suit plot for more than 60 years. While the matter stood thus, the Tahasildar, Pottangi initiated OPLE Case No.1 of 1976 under Sec.7 of the Orissa Prevention of Land Encroachments Act (hereinafter referred to as "OPLE Act") for eviction. He filed objection stating therein that the proceeding was not maintainable. Since the case was not dropped, he instituted the suit seeking the reliefs mentioned supra.

(3.) Pursuant to issuance of summons, the defendant entered appearance and filed a written statement denying the assertions made in the plaint. The case of the defendant is that the suit property does not belong to the plaintiff. The same was the intermediary estate of the Maharaja of Jeypore. In the year 1952, the estate vested in the State free from all encumbrances. The house standing on the suit land is a kine house. The same belongs to the State. The suit land has been recorded in the name of the State. The plaintiff has no semblance right, title and interest over the same. The suit is barred under Sec.16 of the OPLE Act.