G.K.MISRA
HADU SAHU – Appellant
Versus
STATE OF ORISSA – Respondent
G. K. MISRA, J.
( 1 ) THE plaintiffs are the appellants against a judgment of reversal. Their case is that they are in enjoyment of the disputed lands which constitute part of survey plot No. 1288 in village Jhadenkuli in the district of Ganjam. An order of eviction has been passed by the Board of Revenue against the plaintiffs as en-croachers, under Section 7 of the Orissa Act XV of 1954. They allege that they have acquired title to the disputed lands by adverse possession by being in continuous exclusive possession for more than 60 years in their own right, title and interest. The case of the State of Orissa is that there was no acquisition of title by adverse possession.
( 2 ) THE learned trial court decreed the plaintiffs' suit. But the learned lower appellate Court dismissed the suit holding that' the suit is bad on; account of multi-fariousness. He recorded a further finding stating,
"the oral evidence in this respect is also not cogent to arrive at a conclusion that the plaintiffs have been using the suit lands since more than 60 years. At any rate as per above discussions some of the plaintiffs might have acquired some such right and not all the plaintiffs and from the ev
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