YASODA BADAJENA AND ORS. Vs. SUDARSAN MOHAPATRA AND ANR.
LAWS(ORI)-1988-6-15
HIGH COURT OF ORISSA
Decided on June 22,1988

Yasoda Badajena Appellant
VERSUS
Sudarsan Mohapatra Respondents


Referred Judgements :-

RAMA SANTRA AND ORS. V. RANI SOUDAMINI MANJARI DEVI AFTER HER BIBHUTI BHUSAN SINGH AND ORS [REFERRED TO]
MADHUSUDAN V. CHANDRABATI [REFERRED TO]
STATE OF MAHARASHTRA VS. RAMDAS SHRINIVAS NAYAK [REFERRED TO]
SHYAMA SUNDAR PANI VS. REVENUE DIVISIONAL [REFERRED TO]


JUDGEMENT

S.C. Mohapatra, J. - (1.)LEGAL reprasentatives of Defendant No. 1 and Defendant No. 2 are the Appellants in this second appeal against a confirming judgment.
(2.)PLAINTIFF 's case is that in the year 1962, be obtained a lease of plot No. 122 in Laxmisagar of Budheswari area in Bhubaneswar town. Plot No. 129 which is a Government land is situated to the North -East of Plot No. 122. Defendants are the owners of plot No. 16 to the North of 'Plaintiff's plot. There is a strip of land lying between Plaintiff's plot and Defendants' plot on one side ana plot Nos. 129 and 130 on the other which is a conservancy lane. Plaintiff and the Defendants have constructed their buildings on their respective plots. The conservancy lane which was being used by the Plaintiff has been obstructed by the Defendants and the dirty water from Plaintiffs' plot was not being discharged on account of the encroachment by the defendants. Defendants have also constructed a wall appertaining to the boundary wall of the Plaintiff over plot No. 129 as a result of which the right of user of the suit land as conservancy lane has been impaired.
Case of the Defendants is that there is no conservancy lane as alleged by the Plaintiff and in an encroachment case started against Defendant. No: 1 he has claimed that be has acquired title by adverse possession over the disputed land.

(3.)TRIAL Court and the appellate Court having accepted the case of the Plaintiff about the existence of conservancy lane and obstruction by Defendants; have decreed the suit directing removal of the obstruction for enjoyment of the conservancy lane.


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