PREMANANDA PARIDA Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) This appeal has been filed U/s.100 of the Code of Civil Procedure involving a challenge to the judgment and decree dated 11.10.1993/16.10.1993 passed by the learned Subordinate Judge, Nayagarh in Title Appeal No.10/87 thereby reversing the judgment and decree dated 18.04.1987 passed by the learned Addl. Munsif, Daspalla in O.S. No.4/85.

(2.) The appeal was admitted by this Court on the following substantial question of law:

(3.) Short background involved in this case is that the appellant being the plaintiff filed a suit against the defendant/appellants, the respondents herein for declaration of his right, title and interest over the suit land and for injunction restraining the defendants-the respondents herein from interfering with the plaintiff's possession over the suit land. The plaintiff/appellant's case in brief is that the suit tank and its embankments appertaining to plot no.1685 and 1686 measuring Ac.1.12 and Ac.0.72 respectively situated in Mouza Puruna Daspalla. The grandfather of the plaintiff excavated the suit tank during the year 1917-18 being permitted by the then owner to excavate and use by him and since then he was in possession and enjoyment of the same by exercising right of fishery and irrigation and they have been maintaining the same by undertaking repairs. In the settlement of 1920-21 name of Gadadhar Paikray was recorded as the recorded tenant. After demise of Gadadhar Paikray his son Lingaraj and thereafter the present plaintiff the son of Lingaraj is in peaceful possession of the suit tank. Although many other tanks were transferred to the concerned Gram Panchayat, the suit tank was never transferred to Gram Panchayat. It was alleged that due to political grudge the then Sarpanch wrote a letter to the S.D.O., Nayagarh to take over possession of the suit tank for the Gram Panchayat, in the year 1978-79. The S.D.O, Nayagarh on 10.11.1978 passed order in Revenue Misc. Case No.45/78 directing the Tahasildar, Daspalla to take over the possession of the suit tank. The plaintiff preferred appeal before the Collector, Puri- defendant no.1 vide Gram Panchayat Appeal No.1/79. But however, the Collector by order dated 13.1.1979 dismissed the appeal. For the order involving Revenue Misc. Case no.45/78 and Gram Panchayat Appeal No.1/79 the records/Patta could not be prepared in favour of the plaintiff. But however, the plaintiff continued to remain in possession of the same. For the inconvenience created involving the right of the plaintiff, the plaintiff was constrained to file the suit for declaration of his right, title and interest over the suit tank and for such other reliefs as deemed fit and proper and right flowing through adverse possession.