MANINDRANATH BHUYAN Vs. STATE OF ORISSA & ANOTHER

JUDGEMENT

(1.) Plaintiff is the appellant against the confirming judgment in a suit for declaration of right of occupancy and recovery of possession.

(2.) The case of the plaintiff is that Bhupendranath Bhuyan, the father of the plaintiff, was inducted as a tenant by the Ex- landlord of Burdhawan Estate. He made the suit land fit for cultivation and grew paddy crops thereon with the permission of the officials of Kujanga Estate. He took the suit land on lease in the name of his son-plaintiff from Raja of Burdhawan in Lease Case No.399/1949-50 and paid salami. The plaintiff and his father were the tenants under the State after the Orissa Estate Abolition Act came into force in the year 1952. Though he had taken steps before the settlement authorities, but then the R.O.R of the suit land was not issued in his favour. While the matter stood thus, Encroachment Case No.93/81 was initiated against him by the Tahasildar, Marsaghai. Further case of the plaintiff is that in the alternative if it is found that the father of the plaintiff or the plaintiff were not properly inducted as tenants in respect of the suit land, they have perfected title by way of adverse possession on the ground that his father as well as himself were in possession of the suit land continuously for more than 30 years with the knowledge of the government officials.

(3.) Pursuant to issuance of summons, the defendants entered appearance and filed comprehensive written statement denying the assertions made in the plaint. Apart from challenging the maintainability of the suit on the ground of non-issuance of notice under Section 80 CPC, it was pleaded that the order of eviction had been passed in Encroachment Case No.93/81 and the plaintiff had been dispossessed. The suit is not maintainable since recovery of possession has not been prayed. The description of the suit land is vague and indefinite. The suit land was unsurveyed jungle block under Kujanga estate. The estate was vested in the State in the year 1952. The settlement operation in the village was started in the year 1959. The ROR was finally published in the year 1966 in the name of the Forest Department, Government of Orissa. The kissam of the land is Jungle-II. Since the suit land was encroached by the encroachers, Encroachment Case No.93/81 was initiated against them. The encroachers admitted that the suit land is a Government land for which penalty of Rs.709.20 ps. was imposed on 24.12.1981. The same had been paid by the encroachers on 4.1.1987. The encroachers had been evicted by due process of law. Further, after vesting in the State, no ekapadia was submitted by the ex-landlord in favour of the plaintiff.