SHER KHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree passed by the learned District Judge, dhenkanal in Title Appeal No. 34 of 1990 confirming the judgment and decree of the learned Subordinate Judge, Talcher in T. S. No. 19 of 1989.

(2.) THE appellant, as plaintiff, filed the above noted suit for declaration of his right, title, interest and confirmation of his possession over the suit land or in the alternative for recovery of possession, pleading, inter alia, that he was an orphan staying in the orphanage maintained by the then Ruler of Talcher State. The then Ruler, Hrudaya chandra Deb gave the suit land measuring ac. O. 12 dec. to him on 2-12-1947 out of compassion in order to provide him shelter. The plaintiff pleaded that he took delivery of possession of that land and has remained in possession of the same ever since and has thus derived title over that land, but the settlement authorities during the current settlement refused to record the suit land in his name and simply noted his possession as illegal possession. He tried to mutate the suit land in his name and filed mutation Case No. 2052 of 1986, but the said prayer was also rejected. So, he had to file the suit seeking the above mentioned reliefs.

(3.) THE respondent, as defendant, contested the suit, pleading, inter alia, that there was no valid gift of the suit land by the Ruler and the successor sovereign State also did not recognize the said gift and therefore, the plaintiff derived no right, title or possession over the suit property. The defendant also denied the claim of title of the plaintiff by adverse possession.