GEETARANI PADHI Vs. STATE OF ORISSA AND ANOTHER

JUDGEMENT

(1.) This is a plaintiff's appeal against confirming judgment in a suit for a declaration that the suit property is the stitiban property of the plaintiff, recovery of possession in the event she is dispossessed from the suit land during pendency of the suit, permanent injunction and correction of R.O.R.

(2.) The case of the plaintiff was that the suit property appertaining to khata no.112 C.S.plot no.360 ad-measuring Ac.0.06 dec. of mouza Barbaria originally belonged to Binanda Das. Binanda Das died leaving behind him two sons, Khetra and Surendranath. Khetra died issueless. Plaintiff is the only daughter of Surendranath. C.S. record of rights was published in the name of Nilamadhab Jew marfat Khetra Das. After death of Khetra, she inherited the said property. The M.S. record of rights was prepared in her name. She was in possession of C.S.Plot No.360. C.S. Plot no.360 is adjacent to of C.S. Plot Nos.361 and 362. C.S. Plot No.362 was recorded as Anabadi. C.S. Plot no.362 corresponds to M.S.Plot nos.973, 974 and 916. The road passes over a portion of M.S. Plot nos.915, 914 and other plots. The settlement authorities had wrongly prepared M.S. R.O.R. as well as map. She filed a demarcation suit. After disposal of the said suit, possession of C.S. plot no.360 was delivered to her. But then, the defendant no.1 finally published the map wrongly. Taking advantage of the same, the Addl. Tahasildar took steps to evict her from the suit plot. With this factual scenario, she instituted the suit seeking the reliefs mentioned supra.

(3.) The defendants were set ex parte.