(1.) This appeal is by defendant no.1 against a confirming judgment.
(2.) Plaintiff-Respondent no.1 instituted the suit for declaration of title over the Schedule-B property, confirmation of possession and in the alternative for recovery of possession, in the event he is dispossessed during pendency of the suit. The case of the plaintiff was that the suit land originally belonged to Rani Saubhagya Manjari Singh Mandhata of Nayagarh. Father of the plaintiff was a tenant under the said Rani prior to the commencement of the Orissa Land Reforms Act (in short, "the O.L.R. Act") . He was in possession of Ac.7.00 dec. of land appertaining to sabik plot no. 130/43 of mouza-Gochhabari. His father filed an application under Sec.36-A of the O.L.R. Act before the Tahasildar-cum-Revenue Officer, Nayagarh, which was registered as O.L.R. Case No. 29 of 77. By order dated 28.077, the Revenue Officer declared his father as raiyat in respect of the suit land. Fair and equitable rent was fixed. The defendants have no semblance of right, title and interest over the suit land. Being emboldened by order passed in mutation case no. 3615 of 85, defendant no.1 created disturbance in his possession.
(3.) The defendant no.1 entered contest and filed a written statement denying the assertions made in the plaint. The case of the defendant no.1 is that he is in possession of the suit land since 1965. His possession has been reflected in the remarks column of the Hal R.O.R. The land was mutated in his name in mutation case no. 3615 of 1985. The alternative plea of the defendant is that he has acquired title by way of adverse possession. The defendant no.2, Collector, Puri, filed a separate written statement supporting the stand of the plaintiff.