PUSPA NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) Plaintiffs are the appellants against the confirming judgment in a suit for declaration of title by way of adverse possession and permanent injunction.

(2.) An area ad measuring Ac.2.10 dec. of land appertaining to sabak khata no.24, plot no.234/1, Ac.0.60 dec., sabak plot no.235, Ac.1.10 dec. and sabak plot no.236/1, Ac.0.40 dec. of mouza-Sendha, Dist-Deogarh is the subject matter of dispute.

(3.) The case of the plaintiffs is that Kartikeswar Nayak, husband of plaintiff no.1 and father of plaintiff nos.2 to 4 reclaimed the suit land in the year 1965. The Tahasildar, Deogarh initiated Encroachment Case no.507/74 against him and realized back rent and penalty for nine years. After his death, the plaintiffs are in possession of the same. Again an Encroachment Case no.36/81-82 was initiated by the Tahasildar against them. They are in possession of the suit land peacefully, continuously and with the hostile animus to the defendants for more than statutory period and, as such perfected title by way of adverse possession.