BASANTA KUMAR BEHERA Vs. TAHASILDAR, BANKI AND OTHERS

JUDGEMENT

(1.) This appeal is by the plaintiff against a confirming judgment. The suit is for permanent injunction.

(2.) The case of the plaintiff is that the suit plot measuring Ac.0.20 dec. of land appertaining to Khata No. 886, Plot No. 686 of Mouza-Gadajit in the district of Cuttack has been recorded as Anabadi and Puratan Patita. He is in possession of the suit land peacefully, continuously and with hostile animus to the knowledge of the defendants for more than the statutory period and as such, perfected title by way of adverse possession. He stacked stones over the suit land. While matter stood thus, Encroachment Case No. 33 of 1983 was initiated by the Tahasildar, Banki. He appeared and filed an application for grant of lease of the land in his favour. The Tahasildar seized the stones. With this factual scenario, he instituted the suit seeking the relief mentioned supra.

(3.) The defendants entered contest and filed a written statement denying the assertions made in the plaint. The case of the defendants is that the suit plot measuring Ac.0.20 dec. is a part of plot admeasuring Ac.4.14 dec. The same is recorded as Puratan Patita. The Gundicha temple of Lord Jagannath Mahaprabhu bije Gadajit is situated over the plot. The land encroached by the plaintiff was within the premises of the Gundicha temple. The same is meant for parking of the chariot of the deity, assembly of the religious public for darsan of the deity and performance of seva puja and nitikrantis during Car Festival. The encroachment proceeding was disposed of in accordance with law.