NATABAR DAS & ORS. Vs. POKA SENAPATI

JUDGEMENT

(1.) THIS appeal is against the reversing judgment of the learned Subordinate Judge in Title Appeal No.9/4 of 1984 in respect of the disputed land measuring 5 links x 100 links pertaining to plot No.48.

(2.) THE plaintiffs filed the suit for declaration of title and recovery of possession since a cloud was cast on his title and possession by the sole defendant who also claimed title and possession. The lower Court framed the following issues:

(3.) The lower appellate Court on the other hand reversed the judgment and decree of the lower Court by holding that it was for the plaintiffs to prove their possession and the lower Court committed error by throwing burden on the defendant to prove adverse possession.