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2019 Supreme(Ori) 65

A.K.RATH
Gafar Khan (Dead) Through His Lrs – Appellant
Versus
State Of Orissa – Respondent


Advocates:
Advocate Appeared:
Satyabadi Mantry, Adv., R.P. Mohapatra, Adv.

JUDGMENT :

A.K.Rath, J.

This appeal by the plaintiff assails the affirming judgment passed by the learned Additional District Judge, Bhadrak in Title Appeal No.15 of 1998 in a suit for permanent injunction.

2. An area ad measuring Ac.4.340 dec. of land appertaining to M.S.Khata No.820, Plot No.753 of Mouza- Apartibindha, Tahasil-Bhadrak, Dist-Balasore corresponding to C.S.Khata No.57, plot no.624 is the subject of matter of dispute in the suit.

3. The case of the plaintiff is that the suit land originally belonged to Sri Sri Gopal Jew Thakur, Marfat Kanhu Charan Das. It was recorded as Amba-Bagayat in the current settlement of 1928. The other plot has been recorded as Ghara. In the M.S.R.O.R., the same has been recorded as Bebandobasta with a note of possession of the plaintiff. In the year 1944, he requested the then Mahanta to lease out the suit land by means of a permanent lease. To press the legal necessity, the Mahanta granted an unregistered rayati patta in his favour on receipt of salami. He has also acquired right of occupancy over the suit land. He is in possession of the suit land for more than 50 years peacefully, continuously and with the hostile animus to the defendants an

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