DAITARY SHA Vs. STATE OF ORISSA AND OTHERS

JUDGEMENT

(1.) This appeal at the instance of plaintiff assails the affirming judgment of learned Civil Judge (Sr. Divn.), Anandapur in R.F.A. No.4 of 2006.

(2.) Plaintiff instituted the suit for declaration of title, declaration that the order passed in Encroachment Appeal No.79/98 is illegal, inoperative and permanent injunction. The case of the plaintiff is that the State of Orissa is the paramount owner of the suit land. His father was in possession of the suit land since 15.10.1958. Since dissensions cropped up in the family, the plaintiff is separated from his father. He is in possession over the suit land peacefully, continuously and with the hostile animus to the defendants for more than the statutory period and as such perfected title by way of adverse possession. While the matter stood thus, the Tahasildar, Anandapur, defendant no.4, initiated Encroachment Case No.15/94 against him. After due inquiry, the land was settled in his favour, since he is a homesteadless person. Defendant no.1, a covillager, filed Encroachment Appeal No.79/98 before the SubCollector, Anandapur, defendant no.3. On the basis of the perfunctory report submitted by the R.I., the defendant no.3 allowed the appeal and set aside the order of settlement passed in Encroachment Case No.15/94. With this factual scenario, he instituted the suit seeking the reliefs mentioned supra.

(3.) Defendant nos.2 to 4 filed written statement denying the assertions made in the plaint. It was pleaded that in the year 1994, the plaintiff had forcibly encroached upon the suit land. The Tahasildar, Anandapur initiated Encroachment Case No.15/94 against him. Without observing any paraphernalia, the Tahasildar settled the land in favour of the plaintiff. The order was set aside by the Sub-Collector, Anandapur in Encroachment Appeal No.79/98. The plaintiff is not in possession of the suit land for more than 30 years.