MOHADEV SAHOO Vs. STATE OF ORISSA AND ANOTHER

JUDGEMENT

(1.) This is a plaintiff's appeal against confirming judgment in a suit for declaration of title, confirmation of possession and permanent injunction.

(2.) The case of the plaintiff was that plot no.2009 appertaining to khata no.1259, area Ac.0.71 dec. of Nayagarh town belongs to the Government. He occupied Ac.0.02 dec. of land out of Ac.0.71 dec. in the year 1950 and constructed two pucca rooms. He is in possession of the land since 1950 peacefully, continuously and with the hostile animus to the defendants for more than the statutory period and as such perfected title by way of adverse possession. While the matter stood thus, the Tahasildar, Nayagarh, defendant no.2, initiated Encroachment Case No.103/88 against him. He appeared and filed show cause. No opportunity of hearing was provided to him. Order of eviction was passed, whereafter he was directed to vacate the possession of the suit land. With this factual scenario, he instituted the suit seeking the reliefs mentioned supra.

(3.) The defendants filed written statement pleading inter alia that the suit land is the Government land. The plaintiff was not in possession of the suit land since 1950. In the year 1988, Encroachment Case No.103/88 was initiated against him on the basis of the report of the R.I., Nayagarh. Order of eviction was passed.