STATE OF ORISSA Vs. HALDHAR BARIK AND OTHERS

JUDGEMENT

(1.) This appeal is by the State of Orissa against a reversing judgment.

(2.) Jagannath Barik, the predecessor-in-interest of respondents 1 to 6 as plaintiff instituted the suit for declaration of title and permanent injunction. The case of the plaintiff was that his father Bita Barik had taken a piece of land measuring an area Ac.7.48 dec. at village Tantulinanda from the ex-state authorities in B.T.Case No.4 of 1947 for excavation of a tank. His father was in possession of the tank as well as adjoining land. Properties were partitioned amongst his six sons. The tank and suit schedule land fell to the share of the plaintiff. Though land has been recorded jointly in the current settlement record of right, but he is the owner of the same. The suit land measuring 0.62 dec. adjoins to the tank. Defendants 2 to 10 filed an application against him, wherafter the Revenue Amin measured the land. During measurement, it was found that the land settled in B.T.Case No.4 of 1947 was pathuria hudi. The tank excavated over patita land belongs to Government. Encroachment Case No.58 of 1970-71 was initiated against him. He filed objection. The case was dropped. Defendants 2 to 10 thereafter cut the ridge of the tank. It was further pleaded that he had acquired title over the suit land by way of adverse possession.

(3.) Defendant no.1 filed written statement denying the assertions made in the plaint. The case of defendant no.1 was that permission was accorded to Bita Barik for putting up a bundh on the Government land appertaining to plot no.233/1/265 and 233/1/266 under khata no.37/5 of village Tentulinanda for the purpose of irrigation of his land and the villagers. The plaintiff has no right over the land. The settlement authorities have wrongly recorded Ac.7.68 dec. of land in the R.O.R. The plaintiff has not acquired any title over the suit land. Defendants 2 to 10 filed written statement supporting the stand of defendant no.1. According to them, the land belongs to the Government. The land is lying fallow. The plaintiff is not in possession of the said land.