GYANENDRA PALAI Vs. STATE OF ORISSA & OTHERS

JUDGEMENT

(1.) This is a plaintiffs' appeal against confirming judgment in a suit for confirmation of possession and permanent injunction.

(2.) Case of the plaintiffs is that the suit schedule property is Ananbadi land of the ex-landlord. It was lying fallow. The same is adjacent to the homestead land of the plaintiffs. The father of the plaintiffs reclaimed the suit land and made it fit for cultivation. The plaintiffs and his father had constructed a cowshed over the same, planted trees and raised seasonal vegetables. A portion of the residential house is standing over the same. The father of the plaintiffs was in possession of the same. Thereafter, the plaintiffs are in possession of the suit land openly, peacefully and uninterruptedly for more than the statutory period and as such, perfected title by way of adverse possession. In the record-of-right, the suit land has been wrongly recorded in the name of the Government under Rakhit khata. The classification of the land is 'Jalasaya' and "Unnat Jojang Jogya". Since the defendants threatened the plaintiffs to dispossess from the suit land, they instituted the suit seeking the reliefs mentioned supra.

(3.) Defendants 1 and 2 filed a 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 Sec. 80 CPC, it was stated that in the final ROR published in the year 1974, the suit land has been recorded in the name of the Government under Rakhit khata. The same belongs to Government. Neither the father of the plaintiffs nor the plaintiffs were in possession of the suit land. Since the plaintiffs are encroachers, the proceeding under the Orissa Prevention of Land Encroachment Act was initiated against them.