PRATAP CHANDRA PATNAIK Vs. KAMALA KANTA DAS
LAWS(ORI)-1978-1-4
HIGH COURT OF ORISSA
Decided on January 31,1978

PRATAP CHANDRA PATNAIK Appellant
VERSUS
KAMALA KANTA DAS Respondents

JUDGEMENT

- (1.) The plaintiff has preferred this appeal against the reversing decision of the court below. The plaintiff's suit is for declaration of his right, title and interest over the plaint A schedule lands and for confirmation, or in the alternative for recovery of possession thereof.
(2.) The plaintiff's case, in short, is that. The plaint A schedule lands are the ancestral property of the plaintiff and that he was in possession of the same. The plaint B schedule land, which is a part of the plaint A schedule lands, was encroached upon by defendant no. 1 and his father Shyamsundar Das in the year 1967, and in a proceeding u/S. 145 Cr.P.C. between the parties possession of the suit B schedule land was declared in favour of defendant no. 1. Hence this suit.
(3.) Defendant no. 1 only contested the suit. His case in short is that: About 40 years back his father purchased from one Ananta Charan Patnaik 1 mans of land adjoining the land of the plaintiff. Thereafter he encroached a portion of the government land and the land of the plaintiff adjoining the said land purchased by him and amalgamated all the said lands into one compact Kiari, constructing ridges on all sides of that Kiari and continued to possess the same since that time. He has denied all the plaint allegations in respect of the B schedule land and has asserted that he has perfected his tittle to that land by adverse possession for more than 30 years.;


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