STATE OF ORISSA Vs. DHRUBA CHARAN SAHU

JUDGEMENT

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

(2.) Plaintiff-Respondent instituted the suit for declaration of title and permanent injunction. Case of the plaintiff was that the suit property was previously recorded as 'Nala' (water channel) . His house situates adjacent to the water channel. In course of time, the same was silted up and converted to homestead. His father amalgamated that land with his homestead. His father was in possession of the land and thereafter he is in possession of the land for more than 90 years and as such, perfected title by way of adverse possession. But then in the consolidation record-of-right, the suit land has been recorded in the name of the State with note of possession in his name. When a cloud of suspicion has been raised on his title, he instituted the suit seeking the reliefs mentioned supra.

(3.) The defendant was set ex parte. Learned trial court decreed the suit holding, inter alia, that the plaintiff and his father were in possession of the suit land for more than 30 years and as such, perfected title by way of adverse possession. Unsuccessful defendant filed Title Appeal No.42 of 1994 before the learned District Judge, Balasore-Bhadrak, Balasore. Learned appellate court came to hold that in spite of bar contained in Sec. 16 of the Orissa Prevention of Land Encroachment Act, the suit was maintainable. It concurred with the findings of the court below and dismissed the appeal. Hence this appeal.