EXECUTIVE OFFICER Vs. K MAHALAXMIAMMA REDDY

JUDGEMENT

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

(2.) Plaintiffs-Respondent nos.1 and 2 instituted the suit for declaration that the suit land belonged to them and for permanent injunction. The case of the plaintiffs is that one Krushna Patra was the original owner of the suit land. The husband of the plaintiff no.1 purchased the suit land from Krushna Patra by means of an unregistered sale deed dated 22.10.1949 for a consideration of Rs.22/-. Possession was duly delivered to him. After death of husband of plaintiff no.1, the plaintiffs are in possession of the land. Plaintiff no.2, son of plaintiff no.1, constructed a house over the suit land and is running his business. The defendants had no semblance of right, title and interest over the same. While the matter stood thus, the Tahasildar, Aska initiated Encroachment Case No.166/96 against plaintiff no.2 under the provisions of the Orissa Prevention of Land Encroachment Act ("OPLE Act"). Plaintiff no.2 filed show cause claiming title over the same. The case was dropped on 9.10.96. It is further pleaded that Krushna Patra alienated different parcels of land appertaining to survey no.211 to different persons. One Krushna Chandra Tripathy, who had purchased a portion of the land appertaining to survey no.211, instituted T.S. No.56/82 in the court of the learned Munsif, Aska for declaration of title. Learned trial court decreed the suit holding inter alia that the suit land was the raiyati land of the plaintiffs. No appeal was preferred against the said judgment. One Banamali Behera, another purchaser of a portion of survey no.211, instituted T.S. No.118/84 in the court of the learned Munsif, Aska for declaration of right, title and interest, confirmation of possession and certain other ancillary reliefs. The suit was decreed. State of Orissa and its functionaries filed T.A. No.15/90 before the learned Subordinate Judge, Aska. The appeal was eventually dismissed. The defendants made an attempt to evict the plaintiffs from the suit land. After serving notices on the State under Sec.80 C.P.C. and on the N.A.C. under Sec.349 of the Orissa Municipal Act, they instituted the suit seeking the reliefs mentioned supra.

(3.) The defendant nos.2 and 3 entered contest and filed written statement pleading inter alia that the land appertaining to survey no.211 vested in the State. The plaintiffs are in unauthorised occupation of the suit land. The alleged sale deed is a fake one. The plaintiffs have no semblance of right, title and interest over the same. The land had been granted by the State of Orissa in favour of N.A.C., Aska. The defendant no.1 adopted the written statement filed by the defendant nos.2 and 3.