JITRU MALI AND OTHERS Vs. NARAHARI MALI

JUDGEMENT

(1.) This is a defendants' appeal against the judgment and decree dated 29.6.2006 and 12.7.2006 respectively passed by learned Additional District Judge, Nabarangpur in R.F.A. No.14 of 2004 confirming the judgment and decree dated 12.7.2004 passed by learned Civil Judge (Jr.Division) Nabarangpur in T.S.No.4 of 1998.

(2.) The dispute pertains to an area Ac.0.49 cent. appertaining to hal khata no.74, plot no.950 of mouza-Ambadulla in the district of Nabarangpur. The case of the plaintiff is that the suit schedule land is locally known as "Khosola Khandi". As per the hal R.O.R., the same is known as "Kottari Godara". His father Damu Malli purchased the land from defendants by means of a registered sale deed dated 2.4.1979 for a consideration of Rs.600/-. Thereafter the land was mutated in Mutation Case No.1154/79 and, accordingly, R.O.R. was issued in favour of his father. After death of his father, he is in possession of the suit land. The defendants have no semblance of right, title and interest over the suit land. They created disturbance in his possession in the year 1991 for which a proceeding under Section 145 Cr.P.C. was initiated before the Executive Magistrate, Nabarangpur. By order dated 8.5.1998, the Executive Magistrate, Nabarangpur disposed of the case asking the parties to approach the Civil Court. With this factual scenario, he instituted the suit for declaration of right, title and confirmation of possession.

(3.) The defendants filed written statement denying the assertions made in the paint. They denied the execution of the sale deed. According to them, they sold the some "Atala" land to the plaintiff with specific boundary mentioned therein. The land was locally known as "Jodamuhana". The plaintiff is in possession of the said land. Due to mistake, the above land was wrongly recorded in the name of one Bali Mali, who was not in possession. They were all along under the impression that Jodamuhana land was recorded in their names in the R.O.R. Accordingly, Bali Mali expressed his intention before the settlement authority that he had no objection, if the land was recorded in the name of the father of the plaintiff. It was further pleaded that the suit land fell to the share of defendant no.1. He is in peaceful possession of the said land. The plaintiff has no semblance of right, title and interest over the same. In the year 1991 the plaintiff created disturbances in their possession to occupy "Kosala Khandi" land, which was under the possession of defendant no.1. Thereafter defendant no.1 filed a petition before the Tahasildar, Nabarangpur. The R.I. submitted the report on 11.10.1991 stating therein that the plaintiff was not in possession of the "Kosal Khandi" land. In the settlement operation, the plaintiff in connivance with the Settlement Authorities managed to record the land in his favour. No demarcation was made at the time of sale. The defendants are in possession of the suit land peacefully, uninterruptedly, continuously and with the hostile animus to the plaintiff and as such perfected title by way of adverse possession. It was further pleaded that the description of the suit land in the sale deed was wrong; so also the boundary mentioned in the plaint.