PARVATI MISRA Vs. NABIN CHANDRA MISRA AND ANOTHER

JUDGEMENT

(1.) Plaintiff is the appellant against a confirming judgment in a suit for recovery of possession and mesne profit.

(2.) The case of the plaintiff is that she is the owner of suit Schedule -A property. She purchased the same by means of a registered sale deed dated 17.8.1971. In June, 1979 the defendants encroached upon Schedule-B land, part of Schedule-A land and constructed a cowshed over the same. The defendants have no semblance of right, title and interest over the same.

(3.) The defendants filed written statement denying the assertions made in the plaint. The case of the defendants is that the plaintiff has no semblance of right, title and interest over the Schedule -A and B land. Schedule-A land originally belonged to one A.Bhaneswar Rao, who handed over a portion of the land to Veterinary Department for establishment of a Stockman Centre and Government of Orissa. He entered into an agreement with one Chandramani Patro in the year 1967 to sell Ac.0.32 dec. and delivered possession. Chandramani Patro constructed a house and cowshed over the same. Since he did not pay the balance consideration amount, sale deed was not executed. Thereafter, A. Bhaneswar Rao sold the land to Saraswati Misra by means of a registered sale deed dated 21.12.1974. Chandramani Patro delivered possession to Saraswati Misra along with house and cowshed. The plaintiff's husband was an attesting witness to the sale deed. The defendants are in possession of the suit property. It is further stated that they are in possession of the land for more than statuary period peacefully, continuously with the hostile animus to the true owner and as such perfected title by way of adverse possession.