MADHUSUDAN MOHANTA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Plaintiffs are the appellants against a confirming judgment in a suit for declaration of title on the basis of adverse possession and permanent injunction.

(2.) An area of Ac.5.19 dec. of land pertaining to Hal Khata No.81, Hal Plot Nos.523, 524 of Mouza-Tangarani in the district of Keonjhar is the subject matter of dispute.

(3.) The case of the plaintiffs was that Ghasiram Mohanta, the fore-father of the plaintiffs, excavated a tank over the suit land in the year 1900 with the knowledge of the then Ruler of Keonjhar State to irrigate his adjoining lands. After death of Ghasiram, his sons were in possession of the tank. Thereafter, their legal heirs were in possession of the tank. They used to rear fish and use its water. They have renovated the tank. Thereafter, the plaintiffs are in possession of the tank peacefully, continuously and with the hostile animus to the defendants for more than the statutory period and as such perfected their title over the tank by way of adverse possession. Defendant no.2, Sarpanch of Bodapalasa Grama Panchayat has no title over the tank. He initiated a proceeding under Section 145 of Cr.P.C. By order dated 02.02.1988, the Executive Magistrate prohibited the parties to possess the tank until the right of the parties is decided in due course of law. The Asst. Director of Fisheries, Keonjhar has been appointed as receiver. With the factual scenario, the plaintiffs instituted the suit seeking the reliefs mentioned supra.