NARENDRA MOHANTY Vs. STATE OF ORISSA AND OTHERS

JUDGEMENT

(1.) Plaintiff is the appellant against a confirming judgment in a suit for declaration of title, confirmation of possession and permanent injunction.

(2.) The case of the plaintiff is that his uncle Sartika Mohanty was in possession of the suit land since 1940-41. After his death, he is in possession of the same. In the year 1970, he raised construction over the same. On 18.3.72, the Tahasildar, Kandhamal initiated Encroachment Case No.22/72. Order of eviction was passed. He assailed the order of eviction before the appropriate authorities, but to no avail. He had acquired title by way of adverse possession. The encroachment proceeding was illegal since the Tahasildar had no jurisdiction to initiate such a proceeding.

(3.) The defendants filed a joint written statement challenged the maintainability of the suit. It is pleaded that the plaintiff was an encroacher. The kissam of the land is Rakhita Anabadi.