ANI TANTI (SINCE DEAD) Vs. KAILASH CHANDRA MOHANTA

JUDGEMENT

(1.) This is a defendants' appeal against confirming judgment.

(2.) Plaintiff-Respondent instituted the suit for declaration of title over the suit land, confirmation of possession and in the alternative for recovery of possession in the event he is dispossessed during pendency of the suit and permanent injunction. The case of the plaintiff was that Chamu Mohanta, his grand-father, was the owner of the Schedule 'A' land. In the sabik as well as hal settlement, Schedule 'A' land had been recorded in the name of Chamu. Chamu had two sons, namely, Shankar and Bauribandhu. Shankar died unmarried. After death of Chamu, his only son, Bauribandhu inherited Schedule 'A' land. He was in possession of the same. Bauribandhu died in the year 1980 leaving behind him two sons, namely, Nishikanta and Kailash, the plaintiff. After death of Bauribandhu, there was a partition of the landed properties between Nishikanta and the plaintiff. Schedule 'A' land fell to the share of the plaintiff. He is in possession of the same. Taking advantage of his absence, on 24.4.95, the defendants forcibly entered into Schedule 'A' land, erected some wooden pillars over the suit plot and started construction of a thatched house. He protested the action of the defendants. But then, the defendants turned a deaf ear. With this factual scenario, he instituted the suit seeking the reliefs mentioned supra.

(3.) The defendants entered contest and filed a joint written statement denying the assertions made in the plaint. They have admitted that the suit land had been recorded in the name of Chamu Mohanta. They denied the title of the plaintiff over the suit land. According to the defendants, Chamu, the paternal grandfather of the plaintiff, had another brother namely, Jeeban, who is dead. Both Chamu and Jeeban inherited the suit land after death of their father. Finding that the suit land was insufficient for his maintenance, Chamu left for village Gopinathpur and settled there permanently leaving the suit land under the care and custody of his brother, Jeeban. Jeeban possessed the suit land for about 7 to 8 years. On 1949, Jeeban sold the suit land in favour of Pitambar Tanti @ Gadu Tanti, husband of defendant no.1 and elder brother of defendant nos.2 and 3 for a consideration of Rs.60/- by means of an unregistered sale deed and delivered possession to him. Pitambar and the defendants were in possession of the suit land. After death of Pitambar, the defendants are in possession of the suit land and constructed a dwelling house. They have perfected title by way of adverse possession.