HAREKRUSHNA BEHERA Vs. STATE OF ORISSA AND ANR.

JUDGEMENT

(1.) This is an appeal against the judgment and decree of the learned Addl. District Judge, Titilagarh passed in Title Appeal No. 33/4 of 1996 -98 reversing the judgment and decree of the learned Civil Judge (Senior Division), Titilagarh passed in T.S. No. 27 of 1994.

(2.) The Appellant, as the Plaintiff, filed the above noted suit asking for declaration of his right, title and interest over the suit land and for issue of permanent injunction restraining the Respondents, who were present Defendants, from disturbing his possession over the suit land.

(3.) The case of the Plaintiff -appellant, in short, was that the suit land originally stood recorded in the name of State of Orissa, but in the year 1938 his her occupied the suit land, constructed a house thereon and resided there peacefully, openly and continuously. The Plaintiff claimed that he also possessed the suit land along with his father and after death of his father, he continued his possession. According to him by remaining in open, continuous and hostile possession over the suit land for more than 30 years, he has acquired title over the land by adverse possession, but the Tahasildar, Titilagarh suddenly started Encroachment Case No. 5 of 1992 for his eviction from the suit land and without making proper enquiry passed order of eviction. He challenged that order in appeal before the Sub -Collector, Titilagarh and also preferred a revision bearing No. 2 of 1994 before the A.D.M., Bolangir where order of stay was passed, but the Sub -Collector addressed a letter to the A.D.M. to vacate that stay. In such a situation, he had to file the above noted suit after obtaining leave of the court under Sec. 80 (2) of Code of Civil Procedure