LAWS(ORI)-2019-1-2

ALEKHA SAHU Vs. STATE OF ORISSA AND OTHERS

Decided On January 03, 2019
Alekha Sahu Appellant
V/S
State of Orissa and Others Respondents

JUDGEMENT

(1.) This appeal at the instance of the plaintiffs, assail the affirmed judgment of the learned Additional District Judge, Sonepur in R.F.A. No. 78 of 2004 in a suit for declaration of title and confirmation of possession.

(2.) The case of the plaintiffs was that the suit land was recorded in the name of State of Orissa as a public road in the 3rd and 4th settlement. They were the tenants and in possession of the same. During Ex-Darbar administration, the road leading from Sonepur to Bolangir was running in a carved manner from the Block square. The then Maharaja constructed the new road straight away from the Block square, which passed through the rayati land of Hira Sahu, their ancestor. Neither the land was acquired, nor any compensation was paid to Hira Sahu. Hira Sahu approached the then Maharaja to give him some land in lieu of land covered by the road. Hira Sahu was in possession of the portion of the old road till his death in the year 1972. After his death, his two sons, plaintiff no.2, Nakphudi Sahu and plaintiff no.3, Satya Narayan Sahu succeeded to the property. They are in possession of the portion of the old road including the suit land openly, peacefully and with hostile animus to the knowledge of the defendants for more than the statutory period and as such, perfected title by way of adverse possession. In the 4th settlement, the suit land as well as other portions of the old road covered by Plot Nos. 267, 271, 279, 282 and 268 were recorded in the name of the State of Orissa as a road under Khata No.3 for which the Tahasildar, Sonepur initiated Encroachment Case No. 420 of 1970 against Hira Sahu in respect of Plot Nos.267, 271, 279 and 282. Order for eviction was passed. Hira Sahu filed appeal before the Sub-Collector, Sonepur. By order dated 20.10.71, the case was dropped. After death of Hira Sahu, his descendants instituted T.S. No. 24 of 1995 in the court of learned Civil Judge (Senior Division), Sonepur against the State of Orissa for declaration of right and confirmation of possession in respect of the old road covered by plot nos.267, 271, 279, 282 and 293. The suit was decreed on 27.11.1995. However, the suit plot no. 265 was not the subject-matter in the said suit as it was not included in the encroachment case. The plaintiffs approached the Assistant Settlement Officer in the 5th Settlement to record the suit plot no.265 in their names along with other plots. The Assistant Settlement Officer recorded their names in respect of plot nos. 267, 271, 279, 282 and 283, but then rejected the prayer to record the suit schedule land. With this factual scenario, the plaintiffs instituted the suit seeking the reliefs mentioned supra after issuance of notice under Sec.80 CPC.

(3.) The defendants filed a written statement denying the assertions made in the plaint.