(1.) This is a plaintiff's appeal against an affirming judgment in a suit for declaration of right, title, interest and confirmation of possession.
(2.) The case of the plaintiff is that the suit property belongs to the defendant. He forcibly entered into the suit land in the year 1950. He made improvement of the land. He is in possession of the land peacefully, continuously and with the hostile animus to the defendant and as such perfected title by way of adverse possession. With this factual scenario, he instituted the suit seeking the reliefs mentioned supra.
(3.) Pursuant to issuance of summons, defendant entered contest and filed a written statement denying the assertions made in the plaint. The case of the defendant is that in the current settlement operation, the Assistant Settlement Officer found the plaintiff in unauthorised occupation in the suit land for which he initiated Suit No.1220/66 and reported the matter to the Tahasildar, Titilagarh. Later, the Tahasildar started Encroachment Case No.2292/72 against the plaintiff under the provisions of Orissa Prevention of Land Encroachment Act, 1953. Since the encroachment was objectionable, show cause notice was issued to the plaintiff. Order of eviction was passed on 28.05.1978 after affording opportunity of hearing to him. Thereafter the notice in Form "B" was issued to the plaintiff to vacate the encroachment. The plaintiff did not file any appeal against the said order. Thus the order attained its finality. It is further pleaded that the suit plot was recorded in Khata No.137 in favour of State of Orissa and classified as "Jalchar and Gramya Jungle".