MANDARDHAR SAHU Vs. GOVERNMENT OF ORISSA & OTHERS

JUDGEMENT

(1.) This is a plaintiff's appeal against confirming judgment in a suit for declaration of title, orders dated 3.1.2001 and 29.5.2002 passed by the Tahasildar, Baramba in Encroachment Case No.1 of 2001 and Sub-Collector, Athagarh in Encroachment Appeal No.2 of 2001 respectively are null and void and permanent injunction.

(2.) Case of the plaintiff is that the suit land is a part of Sabik Plot No.1803, Ac.0.07 dec. of Mouza-Maniabandha. He is in possession of the suit land from Dusehera, 1969. He had constructed two rooms over the suit land and opened an Ayurvedic shop on Kartika Purnima day of the year 1969. While matter stood thus, Tahasildar, Baramba, defendant no.3, initiated Encroachment Case No.1 of 2000 against his son in respect of Ac.0.10 dec. of land though he is in possession of Ac.0.02 dec. of land. Order of eviction was passed. He assailed the same in Encroachment Appeal No.2 of 2001 before the Sub-Collector, Athagarh, which was dismissed. According to the plaintiff, he is in possession of the suit land peacefully, continuously and with hostile animus to the defendants and, as such, perfected title by way of adverse possession.

(3.) Defendants entered contest and filed a written statement denying the assertions made in the plaint. It was pleaded that the plaintiff was not in possession over the suit land. Encroachment Case No.1 of 2000 was initiated against the son of the plaintiff in respect of Plot No.25. Order of eviction was passed, which was confirmed in Encroachment Appeal No.2 of 2001.