GANDHARBA SAHU (DEAD) Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is by the plaintiffs. The suit was for declaration of title and the encroachment cases and certificate cases are not maintainable.

(2.) The case of the plaintiffs is that they are the grand sons of Chintamani Gajraj Singh. In the year 1913, Chintamani Gajraj Singh reclaimed the suit schedule land and made it for cultivation. He was in possession of the suit land. After him, his sons and thereafter the plaintiffs are in possession of the same. In 1912 settlement, the same had been recorded in the name of Gajraj Singh. The actual area was Ac.4.56 dec., but inadvertently the same had been shown as Ac.26 dec. In 1969 settlement, an area of Ac.21 dec. out of total Ac.4.56 dec. had been recorded in the name of the plaintiffs. The balance land had been recorded in the name of the Government. Since encroachment cases were initiated against them, they instituted the suit seeking the reliefs mentioned supra.

(3.) The defendant filed written statement denying the assertions made in the plaint. The defendant admitted the title of the plaintiffs over 'A' schedule land. With respect to the other schedule lands, it was pleaded that those lands belong to the State. Neither the plaintiffs nor their forefather were in possession of the same.