DAYANIDHI LATHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal under section 100 of the Code of Civil Procedure (for short, hereinafter called 'the Code) had been filed challenging the judgment and decree dated 12.02.2002 and 20.2.2002 passed by the learned District Judge, Puri in Title Appeal No. 22/2000, confirming of the judgment and decree passed by the learned Civil Judge (Junior division), Puri in Title Suit No. 364 of 1993.

(2.) For the sake of convenience in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to, as they have been arraigned in the trial court.

(3.) The plaintiff "?s case is that the suit land originally belonged to ex-intermediary Smt. Susila Bala Dasi as per 1927-28 Settlement. It is stated that on 20.01943, said exintermediary had issued Kabuliyat Raiyat Patta in favour of one Madan Lathi, who happens to be the father and the vendor of the property in respect of suit land having received salami of Rs. 250.00. Pursuant to the said execution of Kabuliyat Raiyat Patta, father of the plaintiff was delivered with the possession of the suit land and he continued to possess the same paying rent to the ex-intermediary all along. The plaintiffs claim to have succeeded to the suit property upon the death of his father and in possession of the same. He further asserts to have planted trees over there and constructed house. Here in the suit, he has claimed the property under said Kabuliyat Raiyat Patta as to have acquired the occupancy right, title and interest over the suit land. As the same has not been recognized in the last settlement operation and the suit land has been erroneously recorded in the name of the State, the suit has been filed.