MINAKSHI SARANGI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an application under Section 5 of the Indian Limitation Act for condoning delay in filing the Second Appeal.

(2.) Learned counsel for the appellant-petitioner submitted that the plaintiff-appellant has been in possession of the suit land since 1968 by reclaiming the same. She has built a house thereon and has been possessing the same uninterruptedly and peacefully to the knowledge of all including the present defendant with hostile animus. She has also been paying municipal holding tax, electricity dues but in Hal Settlement Operation, the suit land became recorded in favour of General Administration Department of the Government of Orissa.

(3.) Learned counsel for the appellant-petitioner further submitted that due to wrong recording of R.O.R. the officers of the defendant have threatened to dispossess her for which she filed the suit for declaration of right, title, interest and confirmation of possession with correction of R.O.R. and for recovery of possession if found dispossessed during pendency of the suit. It is contended that the learned trial court without understanding the issue in question, dismissed the suit against which appeal was preferred to the learned lower appellate court, which concurred with the finding of the learned trial court without considering the evidence on record.