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1974 Supreme(Ori) 102

G.K.MISRA
Saura Bauri – Appellant
Versus
Subudhi Laxminarayana – Respondent


Advocates Appeared:
Y.S.N. Murty, for Petitioners; B. Pal, for Opposite Parties.

Judgement

ORDER :- Plaintiffs suit was for declaration of title and recovery of possession of disputed lands fully described in the schedule attached to the plaint. Their case is that they and their ancestors have been enjoying the lands long since, and defendants 1 to 4 have no right, title and interest in the disputed lands. Taking advantage of a wrong entry in the record of rights these defendants trespassed upon the disputed lands in 1962. The suit was filed in 1967 seeking declaration of title and recovery of possession and other reliefs.

Defendants 1 to 4 contested the suit alleging that they have been in possession of the disputed lands from 1951 onwards and they have acquired title by adverse possession. They do not claim any independent title apart from adverse possession.

2. The trial court recorded the following findings:-

(1) Defendants 1 to 4 are in possession of the disputed lands from 1951 (1961?);

(2) Plaintiffs were in possession of the disputed lands from 1948 to 1961;

(3) The disputed lands stood originally recorded in the name of Choudhury Sundaranarayan;

(4) Plaintiffs have not established their independent title to the disputed lands.

The learned trial court however d









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