NILAKANTHA DASH Vs. DHRUBA CHARAN SAHU

JUDGEMENT

(1.) A short point of law, although apparent having far-reaching importance, is argued at the Bar in the present Civil Review applications.

(2.) By judgment dated 30th of October, 1991, a writ application under Articles 226 and 227 of the Constitution of India being numbered as O.J.C. 2508 of 1985 was disposed of by a Division Bench of this Court constituting Hon'ble B. C. Patnaik, J. (as His Lordship then was) and Hon'ble D. M. Patnaik, J. The Division Bench held inter alia that the Commissioner of Consolidation made an error in holding that opposite party No. 5 had acquired title over plot No. 1181 by way of adverse possession. Accordingly, the judgment of the Commissioner of Consolidation in Revision Case Nos. 583 and 584 of 1984 was set aside as regards plot No. 1181 with direction to record the said plot in the name of the petitioner in Civil Review No. 77/91. The judgment of the Commissioner in regard to plot No. 1185 was however sustained.

(3.) It appears from the materials on record that L. R. plot Nos. 1181 and 1185 comprise areas of 10 dec. and 25 dec. respectively, corresponding to Sabik plot Nos. 899 and 903 respectively under Sabik Khata No. 690 of village Banpur. The Commissioner on perusal of the evidence held that opposite party No. 5 and his predecessor had acquired title to the said two plots by adverse possession. This finding of the Commissioner was the subject-matter of challenge in the writ application.