MADHAB SINGH Vs. BIJAY KUMAR MOHANTY AND ANOTHER

JUDGEMENT

(1.) The unsuccessful plaintiff of Civil Suit No. 106/150 of 2002-2003 on the file of learned Addl. District Judge, Fast Track Court, Rourkela has filed this appeal challenging the judgment and decree passed therein.

(2.) For the sake of convenience, in order to bring in clarity and avoid confusion, the parties hereinafter have been referred to as they have been arraigned in the trial Court.

(3.) Plaintiffs case is that he is in possession of Ac.0.20 dec. of land better described in the schedule of the plaint which is the subject-matter of the suit. According to his case, he has been in possession of the said suit land since the year 1981 on his own right claiming title and interest. The possession is said to be continuous and peaceful within the knowledge of the defendants and all others. It is stated that in the year 1981, the area was under-developed and the plaintiff finding the land lying vacant come to occupy the same and made necessary development over it by investing huge amount, finally establishing and running a bakery unit. The defendants at no point of time had ever objected to said possession of the suit land by the plaintiff nor even when he raised any such constructions over it and thereafter started the bakery unit. It is further stated that the plaintiff took electric connection to the said bakery unit standing over the property which he has been running.