MADAN MOHAN PATRA Vs. COLLECTOR, CUTTACK AND OTHERS

JUDGEMENT

(1.) Plaintiff is the appellant against confirming judgment in a suit for mandatory injunction directing the defendants 1 and 2 to correct the consolidation map of the suit plot.

(2.) The case of the plaintiff was that he had purchased an area ad-measuring Ac.0.50 dec. appertaining to plot nos.1801, 1803 and 1804, khata no.431 of mouza Dharina, P.S. Kishannagar from Chanda Bewa by means of a registered sale deed on 13.11.1971. Since then he is in possession of the same. Consolidation operation in the area, wherein the land falls, started. The consolidation R.O.R. was published in his name in the year 1987. At the time of measurement in Demarcation Case No.33 of 1996, it was detected that the purchased area had been correctly recorded in the consolidation R.O.R., but the same had been reduced to Ac.0.03 dec. in the consolidation village map. The area had been included in the adjoining plot nos.1767, 1768 and 1769 belonging to defendant no.3, one Ranga Dei and Prasanna Patra. When they threatened to occupy the suit property, the plaintiff filed T.S.No.44 of 1998. The said suit was set ex parte. Thereafter, he approached the Tahasildar for correction of the consolidation map. As the Tahasildar expressed his inability to correct the map, he filed the present suit after serving notice under Sec.80 CPC seeking the reliefs mentioned supra.

(3.) The defendants 1 and 2 were set ex parte. The defendant no.3 entered contest and filed written statement pleading inter alia that the suit is hit under Order 2 Rule 2 CPC. Her land has been demarcated and separated by a permanent boundary wall from the land of the plaintiff. The suit land has been recorded in her name in the consolidation R.O.R. and the map is in conformity with her possession.