LAKHAPATI DHARUA Vs. DULLAV SAHU AND OTHERS

JUDGEMENT

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

(2.) Duryodhan Sahu, the predecessor-in-interest of the plaintiffs-respondents, instituted the suit for declaration of right, title, interest and confirmation of possession or in the alternative for recovery of possession of the suit land. The case of the plaintiff is that the suit land is his ancestral property. In a family partition, the suit land fell to the share of his father. In the current settlement record, the suit land has been recorded jointly in the names of his father and other co-sharers. After death of his father, he is in possession of the suit land. In the remarks column of C.S. R.O.R. published in the year 1977, the name of the defendant finds place. Taking advantage of the same, the defendant created disturbance. With this factual scenario, he 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 is that after death of his father, he is in possession of the suit land peacefully, continuously and with hostile animus to the plaintiff for the last 50 years. Plot nos.369 and 389 have been amalgamated with plot No. 234 since the time of his father. After due inquiry the settlement authorities noted his possession in the remarks column of the R.O.R. Thus, he has acquired title by way of adverse possession.