BALUNKESWAR DAS Vs. STATE OF ORISSA

JUDGEMENT

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

(2.) The case of the plaintiff was that the suit land was purchased by his mother by means of a registered Sale Deed No.3/44 dated 27.11.1944 for a consideration of Rs.600/-. His mother's vendor had purchased the same by means of a Sale Deed dated 18.5.1922. The suit land and other lands mentioned in the Sale Deed appertain to old Patta Nos.26 and 27. The settlement operation in the area was started in the year 1954. The plaintiff was a minor. The suit land was recorded wrongly as a part of 'Patra Jungle' (bushy forest). In the year 1974, he came to know about the wrong recording of the suit land in the ROR. On 1.9.1974, he issued a notice under Section 80 CPC to the Collector, Koraput and instituted the suit seeking the reliefs mentioned supra.

(3.) The defendant entered contest and filed written statement denying the assertions made in the plaint. According to defendant, the suit land was not a part of the lands covered under old Patta Nos.26 and 27. The same was never transferred in either of the Sale Deeds. Plaintiff encroached upon the suit land, whereafter, the Tahasidlar, Koraput initiated an Encroachment Case No.534/74 against the plaintiff.