SEBATI SAHU Vs. STATE OF ORISSA & OTHERS

JUDGEMENT

(1.) This is plaintiff's appeal against a confirming judgment.

(2.) The dispute pertains to an area of Ac.1.846 dec. appertaining to 4th settlement plot Nos.356, 357 and 358 corresponding to Plot No.367 of the 3rd settlement and Plot No.299 of 2nd settlement of Mouza Sonepur town commonly known as "Teli Bandh".

(3.) The case of the plaintiff is that Bhaga Teli @ Sahu was the ancestor of the plaintiff. For facilitating irrigation to his rayati land, Bhaga Teli had excavated the tank over the suit land. The suit property situates in the outskirt of the Sonepur town and was surrounded by bushy jungle. The rayati land of the plaintiff adjoins to the suit land. Due to passage of time, a substantial portion of the suit plot has been converted to paddy field. Bhaga Teli was in exclusive possession over the suit land till his death. After him, his successor was remaining in possession. The plaintiff with her sons and daughters are in physical possession over the suit property. In the 4th settlement, the suit land has been wrongly recorded in the name of Sonepur Municipality. During Ex-State regime, the excavation of tank in question was recorded in the revenue record and the name of Bhaga Teli was reflected. Defendants have no semblance of right, title and interest over the same. With this scenario, the suit has been filed for declaration of right, title and interest, confirmation of possession and in the alternative for recovery of possession, if it is found that the plaintiff is not in possession over the suit land.