State cannot claim adverse possession against citizens regarding their property; the identity and ownership established by plaintiffs were upheld despite procedural issues in communal land claims.

JUDGMENT :

A.C. Behera, J.

This 2^nd Appeal has been preferred against the confirming Judgment.

2. The appellants in this 2^nd Appeal were the plaintiffs before the Trial Court in the suit vide T.S. No.27 of 1988 and the appellants before the 1^st Appellate Court in the first appeal vide T.A. No.12 of 1993. The respondent in this 2nd Appeal, i.e., State was the defendant before the trial court in the suit vide T.S. No.27 of 1988 and respondent before the 1^st appellate court in the 1^st appeal vide T.A. No.12 of 1993.

3. The suit properties described in Schedule-A of the Plaint in the suit vide T.S. No.27 of 1988 are two plots, i.e., A.0.09 decimals out of A 1.09 decimals of Plot No.1575 under Khata No.481 and A. 0.03 decimals out of A. 0.09 decimals of Plot No.1563 under Khata No.482 in Mouza- Attopur-Badapokharital under Keonjhargarh Police Station in the district of Keonjhar.

4. According to the averments made by the plaintiffs in their plaint, the suit properties described in Schedule-“A” of the plaint corresponds to Sabik Plot No.47 under Sabik Khata No.5 of village-Hatiatanagara. The area of Sabik Plot No.47 under Sabik Khata No.5 was A.1.16 decimals.

Out of that A.1.16 decimals of Sabik Plot No.47, State Government acquired A.0.23 decimals for Keonjhar Jail. After acquisition of A.0.23 decimals, out of A. 1.16 decimals from Sabik Plot No.47 for Keonjhar Jail, the rest land of that Sabik Plot No.47 was A.0.93 decimals. One Udia Jena was the owner of Sabik Plot No.47 under Sabik Khata No.5.

The plaintiffs are two brothers. Plaintiff no.2 is the elder brother and plaintiff no.1 is the younger brother. After the death of the father of the plaintiffs, the plaintiff no.2 was the Karta of their joint family.

The recorded owner of Sabik Plot No.47 under Sabik Khata No.5, i.e., Udia Jena sold the aforesaid A.0.93 decimals of plot Sabik Plot No.47(which was with Udia Jena after acquisition of A.0.23 decimals from that Plot for Keonjhar Jail) to the plaintiffs on dated 06.01.1959 through registered sale deed and the said sale deed was executed in favour of plaintiff no.2 as a Karta of the family of the plaintiffs. That purchased A.0.93 decimals of Sabik Plot No.47 was mutated in favour of the plaintiffs through mutation case No.591 of 1959 and RoR of that A. 0.93 decimals was prepared in their names after mutation.

As per amicable family partition between the plaintiffs, the said purchased A.0.93 decimals of Sabik Plot No.47 had fallen in the share of the plaintiff no.1. For which, plaintiff no.1 is the owner of that A. 0.93 decimals including the suit properties. Because, the suit properties are part of that A. 0.93 decimals of Sabik Plot No.47. Though, the plaintiff no.1 is the exclusive owner of the suit properties, still then, for the proper adjudication of the suit, the plaintiff no.2 has been arrayed as a party in the suit as plaintiff no.2.

During Hal Settlement of the year 1982, out of the purchased land, i.e., A.0.93 decimals of Sabik Plot No.47, Hal RoR was prepared under Khata No.206, Plot No.1579 for an area A. 0.61 decimals in the name of the plaintiffs and in the said Hal settlement, the Village- Hatiatanagara as per Sabik Settlement was changed to Village/Mouza-Attopur- Badapokharital under Keonjhargarh Police Station in the district of Keonjhar. Though the plaintiffs are the owners and in possession over A. 0.93 decimals of land from Sabik Plot No.47 under Sabik Khata No.5, but, only A. 0.61 decimals therefrom has been recorded in their names vide Hal Plot No.1579 under Hal Khata No.206 and the shortage area thereof, i.e., A.0. 32 decimals has been