LAWS(ORI)-2018-3-85

ABBAS KHAN Vs. GARIBULLA KHAN & ANOTHER

Decided On March 30, 2018
ABBAS KHAN Appellant
V/S
Garibulla Khan And Another Respondents

JUDGEMENT

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

(2.) Plaintiffs-Respondents instituted the suit for declaration of title over the suit schedule properties, recovery of possession, mandatory and permanent injunction. Case of the plaintiffs is that they are brothers. The Tahasildar, Khurda granted lease in respect of Lot No.1 property in favour of the plaintiff no.1 in W.L. Case No.256 of 1980-81 and delivered possession to him. In W.L. Case No.2201 of 1980-81, the Tahasildar, Khurda granted lease in respect of Lot No.2 property in favour of plaintiff no.2 and delivered possession. Pattas had been issued in their favour on 25.4.1981. Accordingly, Khasmahal records had been corrected. They are in possession of the suit schedule properties. They used to pay rent. Defendants have no semblance of right, title and interest over the same. They constructed a thatched house over a portion of the land and stacked paddy crops. With this factual scenario, they instituted the suit seeking the reliefs mentioned supra.

(3.) Defendant entered contest and filed a written statement denying the assertions made in the plaint. Case of the defendant is that the Tahasildar, Khurda had not observed the formalities in granting lease. No proclamation was issued. The land was in possession of his grandfather. After his death, his father was in possession of the land. Thereafter, he is in possession of the land peacefully, continuously and to the hostile animus of the plaintiffs for more than the statutory period and as such, perfected title by way of adverse possession. It was pleaded that the lease was granted in his favour in respect of Plot No.48 in W.L. Case No.309 of 1979-80. The description of the suit land is indefinite.