HARIHAR SAHU Vs. STATE OF ORISSA & ANOTHER

JUDGEMENT

(1.) This is a plaintiff's appeal against the confirming judgment in a suit for permanent injunction.

(2.) The dispute pertains to the land appertaining to Khata No.1, Plot No. 6, area Ac.0.06 and Khata No.100, Plot No. 7, area Ac.0.12, total Ac.0.18 dec. of Mouza Gopa.

(3.) The case of the plaintiff is that his father had acquired the suit land from ex-intermediary, Raja of Aul in the year 1931-32. His father had constructed a house thereon. He raised vegetables and planted coconut trees over the same. After the death of his father, he is in possession over the same. His possession as well as his father over the suit land was within the knowledge of the defendants and the officials of the Ex-intermediary Raja of Aul. He has acquired title by way of adverse possession. The defendants-Collector and Tahasildar, Aul threatened to demolish the house standing over the suit land. A show cause notice was issued to him on 24.08.1985. When steps were taken to demolish the house on 26.08.1985, he instituted the suit seeking reliefs mentioned supra.