RADHA KANTA SAHU Vs. BIJAYA PRATAP SINGH DEO

JUDGEMENT

(1.) THIS is the plaintiff's appeal against the confirming judgments of both the Courts below dismissing the suit for declaration of title and possession.

(2.) THE disputed land measures Ac. 0.06 decimals under Plot No. 487/6 under Khata No. 76 of village Durgapur in Uditnagar Tahasil, Rourkela. The plaintiff claims the property on the basis that she has been adversely possessing the same since the year 1 947 and by the time of filing the suit, she has prescribed the title by adverse possession.

(3.) MR . S.K.Padhi, learned counsel for the appellant has drawn attention of this Court to the impugned judgments of the Courts below, the Amin's report and the settlement records -of -rights and other relevant documents and submitted that the plaintiff in fact has prescribed title by adverse possession but this has not been appreciated by the Courts below. Therefore, the plaintiff has approached this Court for setting aside the judgments. Mr. B.B. Jena, counsel for the defendant -respondent has also advanced extensive argument basing on various documents and particularly, the revenue records in the above mentioned Misc. Case and the Misc. Appeal, and submitted that in the Revenue Misc. Case No. 6 of 1978 before the Revenue Officer initiated against the appellant she pleaded to have prescribed title by adverse possession, but the Court did not accept that case. The Revenue Appeal No. 30 of 1979 was filed against that order dated 8.6.1981 which was also dismissed and so also the Revenue Appeal No. 2/81 before the R.D.C. was also dismissed. Challenging those orders she filed OJC No. 2320/81 which was dismissed as withdrawn vide order dated 14.12.1989 - It was further argued that the Regulation 2 of 56 being a special statute which decided finally the rights of the parties, the Civil Court Jurisdiction is expressly barred. Mr. Jena further submitted that even assuming for the sake of argument that the suit is not barred, even .on the facts of the case she failed to prove having acquired title by adverse possession because of the absence of various ingredients of adverse possession. I may dispose of the rival contentions in the following manner.