LAWS(ORI)-1999-8-31

GHANASHYAM SAHU Vs. KENDRAPARA MUNICIPALITY

Decided On August 23, 1999
GHANASHYAM SAHU Appellant
V/S
KENDRAPARA MUNICIPALITY Respondents

JUDGEMENT

(1.) This second appeal is against the reversing judgment of the lower appellate Court wherein it allowed the defendants' appeal thereby dismissing the plaintiff's suit for title and permanent injunction.

(2.) Plaintiff's case is, one Girdhari Tripathy executed a 'Hukumnama' dated 10-7-1932 in respect of the land measuring Ac. 2.76 decimals thereby authorising him to reclaim the area by removing the thorny bushes and make it fit for cultivation. In return, the plaintiff was to possess the same for ten years and appropriate the usufructs. In the year 1935 the plaintiff started cultivation. After death of Giridhari, his son Shyamsundar asked the father of the plaintiff to give up possession of the land in the year 1936. The father of the plaintiff did not agree to this and continued to possess till 1960. The plaintiff continued his possession thereafter till 1984 without interruption. In the year 1984 the Kendrapara Municipality started to construct houses for the sweepers' colony on the suit land. Since the Municipality disturbed the possession of the plaintiff he filed the suit for declaration of title, confirmation of possession, etc.

(3.) The Kendrapara Municipality, the main defendant in the case, took the stand that the land originally belonged to Giridhari Tripathy who had mortgaged the same by a registered mortgage deed on 10-9-1929 to one Sadhu Charan Behera. Since Giridhari could not repay the mortgaged loan, he sold the land to Sadhu Charan Behera on 13-1-1939 by a registered sale deed. While said Sadhu Charan Behera was possessing in his own right, title and interest, Sadhu inducted Shrimati Bewa, his widowed sister-in-law as a sub-tenant in the year 1959. While so possessing Shrimati sold the land on 31-7-1964 to the Kendrapara Municipality for consideration and delivered possession. The defendants thus pray for dismissal of the suit.