DASARATHI DALEI AND OTHERS Vs. STATE OF ORISSA

JUDGEMENT

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

(2.) The case of the plaintiffs was that lease was granted in favour of Chakradhar Dalei, predecessor-in-interest of the plaintiffs, in respect of Ac.0.20 dec. of land appertaining to hal plot nos.1277 and 1278 appertaining to khata no.304 of mouza-Nayagah in the year 1954. He was in possession of the same. The suit land appertaining to hal plot no.1278/2793, khata no.1259 is a government land. The same is adjacent to the lease hold land. Chakradhar was in possession of the land along with the suit land. Though the record of right was prepared in favour of the State in the 1983-84 settlement, but possession of the suit land was recorded in favour of Chakradhar. After his death, the same was in possession of the plaintiffs. Thus they had acquired title by way of adverse possession. In the year 1994, the defendant prevented the plaintiffs from constructing a house over the suit land. With this factual scenario, they instituted the suit seeking the reliefs mentioned supra.

(3.) The defendant filed a written statement denying the assertions made in the plaint. The case of the defendant was that the suit plot adjoins to the office of the Collector, Nayagarh. In the said campus, offices of the Sub-Collector, Tahasildar, District Treasury, District Registrar Office and office of the R.T.O. are functioning. On its western side, the N.A.C. tank is situated from where the Public Health Department, Nayagarh used to supply water to the N.A.C. area. The excess water passes through the suit land from the Sagar Tank, Nayagarh. Neither the plaintiffs, nor their father was in possession of the suit land. The plaintiffs gained over the settlement authorities and managed to record the land illegally in the remarks column of the ROR.