SADANANDA DHARUA AND OTHERS Vs. DEBADI BHUE

JUDGEMENT

(1.) The defendants are the appellants against a reversing judgment.

(2.) The respondent as plaintiff instituted Title Suit No.15 of 1995 in the court of the learned Civil Judge (Jr.Division), Padampur for declaration of right over the suit land, permanent injunction retraining the defendants from creating any disturbance in his peaceful possession and for mandatory injunction to demolish the unauthorized construction made over the suit land. The case of the plaintiff is that his father Mangalu Bhue had purchased the suit plot comprising Ac.0.14 dec. appertaining to M.S. Plot No.373 by means of an unregistered sale deed dated 27.4.1956. The said land is a portion of the suit plot comprising only Ac.0.02 dec. His father Mangalu Bhue was in possession of the suit land. After death of his father, he continued to possess the same. The defendants proclaiming themselves as the office bearers and members of Indira Club, Purena trespassed into the suit Bari, damaged the vegetables and forcibly started construction over a portion of the suit land. The defendants 1 and 2 initiated a proceeding under Section 144 Cr.P.C. before the S.D.M., Padampur on the plea that they had purchased the suit land in the year 1967 from the widow of Mahadeb Bhue. On 16.8.1995, the Executive Magistrate dropped the proceeding after lapse of the statutory time of two months. After the proceeding was dropped, the defendants unauthorisedly raised walls over the suit land in spite of protest by him.

(3.) Pursuant to issuance of summons, the defendants entered appearance and field a joint written statement denying possession of the plaintiff over the suit land or alleged purchase by the father of the appellant. It is stated that there was a Kacha house of one Jaga Kandha on the suit land. After his death, his sons, namely, Ramhari and Srihari remained there. Before migrating to another village, they entrusted the same to Indira Club in the year 1976, where after, Indira Club is in possession of the same. The club was registered in the year 1987. It made a pucca construction on the suit land. The club is in possession of the suit land for more than 12 years before institution of the suit and as such it perfected its title by way of adverse possession.