DHARMANANDA SAHU Vs. STATE OF ORISSA & OTHERS

JUDGEMENT

(1.) Plaintiffs are the appellants against a confirming judgment in a suit for declaration of occupancy right over the suit land.

(2.) Case of the plaintiffs was that Dinabandhu Sahu, original plaintiff no.1, and Gouri Behera were the joint occupancy raiyats in respect of the suit schedule property. Gouri met civil death. Thereafter, Dinabandhu became the exclusive owner in possession of the suit property. In the year 1925, the suit property was wrongly recorded in the name of the Forest Department. The same was cancelled subsequently. Dinabandhu remained in possession of the suit property till death; whereafter his sons are in possession of the same. In 1962 settlement, the suit land was recorded in the name of the State Government-defendant no.1. With this factual scenario, they instituted the suit seeking the reliefs mentioned supra.

(3.) Defendant no.1 filed a written statement denying the assertions made in the plaint. Case of the defendant no.1 was that neither the plaintiffs nor their predecessor-in-interest were in possession of the suit land. In the year 1916, the entire suit land was transferred to Mutation Khata No.1 (Government) in Block No.36. But inadvertently the area mutated in the Government Khata was wrongly reflected. The balance area was again recorded in the Government Khata No.1 by order dated 7.1.1929 of the Collector of the District. After transfer of the entire area to the Government Khata in the year 1916, it was recorded in favour of the Government in 1929-30 settlement. In 1962 settlement, the plot merged with new khata no.388 of the Forest Department forming a big new plot measuring Ac.41.650 dec. with classification "Chhota Jungle". Defendant no.1 is in possession of the suit land since 1916.