BISAKHA PRADHAN Vs. COLLECTOR, CUTTACK

JUDGEMENT

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

(2.) Case of the plaintiff is that in the settlement ROR of the year 1929, the suit land was recorded in the names of Kinei Sethi son of Mani Sethi, Muli Sethi son of Sanei Sethi, Pandaba Sethi and Bhima Sethi as desahata dhoba jagir status. The names of Jai Pradhan, Gobinda Pradhan, Dai Pradhan and Sindhu Pradhan son of Burundu Pradhan had been reflected in the remarks column of the ROR. Though the land was recorded in the names of Sethi family, but the same was in possession of Pradhan family. One of the co-sharers, namely, Dhadi Pradhan son of Jai Pradhan sold the suit land and other lands to another co-sharer Govinda Pradhan son of Burundu Pradhan by means of a registered sale deed dated 6.7.1954. Govinda Pradhan could not take any steps to record the land in his favour. In the settlement ROR of 1970, the land has been recorded in the name of the Government. Note of possession of Govinda Pradhan has been reflected in the remarks column of the ROR. In the consolidation ROR, the land has been recorded in the name of Government under consolidation khata no.636, plot no.458. Plaintiffs are in possession of the suit land peacefully, continuously and with hostile animus to the defendants for more than the statutory period and as such, perfected title by adverse possession. With this factual scenario, they instituted the suit seeking the reliefs mentioned supra.

(3.) Defendants entered contest and filed a written statement pleading, inter alia, that the suit is barred under Sec.51 of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (in short, "the OCH&PFL Act"). Kissam of the land is "Abadjogya Anabadi". It is reserved for communal purposes.