PADMALOCHAN NAIK (DEAD) Vs. ORISSA STATE ROAD TRANSPORT

JUDGEMENT

(1.) Plaintiffs are the appellants against a reversing judgment in a suit for declaration of title, confirmation of possession, permanent injunction and damages of Rs. 1,050/-.

(2.) The case of the plaintiffs was that the suit land originally belonged to Raja Dharanidhar Indra Deo of Bonai. The plaintiffs were in possession of the suit schedule land since 1955. They had constructed three shop rooms over the same. They had their cycle repairing shop in one of the shop rooms. They leased out other two rooms. The shop rooms had been unauthorisedly demolished on 18.09.1979 by the staff at the instance of the defendant. They sustained a loss of Rs.1,050/-. In the year 1967, the criminal proceeding was initiated against them, but they were acquitted. It was further pleaded that they had perfected title by way of adverse possession. With this factual scenario, they instituted the suit seeking the relief mentioned supra.

(3.) The defendant filed a written statement denying the assertions made in the plaint. The case of the defendant was that the suit land belonged to the Orissa State Transport Corporation of Rourkela. Defendant is in possession of the suit land since long.