MALATI DEVI Vs. STATE OF ORISSA & OTHERS

JUDGEMENT

(1.) Plaintiff is in appeal against a confirming judgment of the learned Civil Judge (Senior Division) , Bhubaneswar in a suit for declaration of title and permanent injunction.

(2.) Case of the plaintiff is that the suit land belongs to the State Government. She had constructed a house over the same. She is in possession of the suit land since 31 years and as such, perfected title by way of adverse possession. Her name was recorded in the last settlement. Defendant no.4 intended to occupy the land with the assistance of the staff of defendant nos.1 to 3. Defendants threatened to demolish the construction made by her. She made several representations to the Government to allot the suit land in her favour.

(3.) Defendants 1 to 3 filed a written statement denying the assertions made in the plaint. According to them, neither the plaintiff nor her husband was in possession of the suit plot No.D-14 situated at Bapuji Nagar, Bhubaneswar. Suit plot no.669 corresponds to not final plot no.675. Suit plot no.D-14 is not a part of plot no.669. In the year 1976, plot no.D-14 was leased out to one Bharat Behera.