KHTRABASI PATRA Vs. GURU CHARAN PATRA

JUDGEMENT

(1.) Defendant is the appellant in this Second Appeal against the reversing decision of the appellate Court.

(2.) Plaintiff filed the suit for declaration of title in respect of Ac. 1.13 decimals of land out of Ac. 1.77 decimals to the South in Plot No. 302 in Khata No. 4 of village Kandarkala and for recovery of possession of the same. Case of the plaintiff is that in the year 1939-40, he acquired Ac. 5.04 decimals of land which includes the disputed land. Jai Patra and his father Bhagaban were the adjacent owners. After death of Bhagaban Patra, defendant purchased the lands of Jai Patra and was possessing the same. In the year 1970, while the plaintiff was possessing the disputed land, defendant forcibly ploughed the same. On objection by the plaintiff, defendant claimed that the same is a part of his purchased land. Thus, taking possession forcibly and by influencing the settlement Amin, defendant got his possession noted. Plaintiff refused to give consent to such noting and has not signed the report of the Amin. Coming to know from the parcha and the finally published record of right that the defendant is not interested to give up the said land, although promised to get the same demarcated, the suit has been filed for title and possession.

(3.) Case of the defendant is that the suit is barred by limitation. He claims that the suit land was possessed by Bhagban Patra and after him by his son Jai Patra. Since 10-3-1966, when he purchased the lands from Jai Patra, he was possessing the disputed land to the knowledge of the plaintiff. Possession of the defendant being as of right openly and peaceably for more than 12 years to the knowledge of the plaintiff, he has acquired title by adverse possession. In order to defeat the same, the present suit has been filed.