BENUDHAR BARIK Vs. COLLECTOR, BALASORE

JUDGEMENT

(1.) Plaintiff is the appellant against confirming judgment in a suit for declaration of title.

(2.) The case of the plaintiff was that the suit land was originally recorded in the name of Rajnarayan Das and others in 1897 settlement. In 1927 settlement, the same was recorded in the Rakhit Khata. In the major settlement, the suit land was recorded in the name of the plaintiff with his illegal note of possession. The classification of the land is Gochar. According to the plaintiff, his father was in possession of the land for more than 42 years peacefully, continuously and with hostile animus to the knowledge of the State for more than the statutory period and as such, perfected title by way of adverse possession. With this factual scenario, he instituted the suit seeking the relief mentioned supra.

(3.) The defendant entered contest and filed a written statement denying the assertions made in the plaint. According to the defendant, the kissam of the suit land is Gochar. The Tahasildar, Balasore initiated proceeding against the plaintiff for illegal occupation of the land under the Orissa Prevention of Land Encroachment Act. The plaintiff entered appearance and prayed for settlement of the encroached land in his favour. The Tahasildar passed the order of eviction. Assailing the same, the plaintiff filed L.E. Appeal No. 18 of 1985 before the S.D.O., Sadar Balasore, which was dismissed. Thereafter, he filed Revision No. 04 of 1985 before the Collector, Balasore, which met with the same fate.