Plaintiffs cannot simultaneously claim title through inheritance while asserting ownership via adverse possession; such claims are mutually exclusive.

Judgment :

A.C. Behera, J.

1. This Second Appeal has been preferred against the confirming judgment.

2 . The Appellants of this Second Appeal were the defendant Nos.1 to 7 before the Trial Court in the suit, vide T.S. No.176 of 1988-I and they were the Appellants in the First Appeal vide T.A. No.113 of 1994.

The Respondent Nos.1 of this Second Appeal was the sole plaintiff before the Trial Court in the suit, vide T.S. No.176 of 1988-I and he was the Respondent No.1 before the First Appellate Court in T.A. No.113 of 1994.

Respondent No.2 of this Second Appeal was the proforma defendant No.8 before the Trial Court in the suit, vide T.S. No.176 of 1988-I and he was the proforma Respondent No.2 before the First Appellate Court in T.A. No.113 of 1994.

3 . The suit of the plaintiff (who is the Respondent No.1 in this Second Appeal) before the Trial Court vide T.S. No.176 of 1988-I was a suit for declaration and permanent injunction.

4 . The case of the plaintiff as per the averments made by him in his plaint vide T.S. No.176 of 1988-I was that, the suit properties were originally belonged to Hadibandhu Mohanty (proforma defendant No.8 of the suit). The said Hadibandhu Mohanty (proforma defendant No.8) sold the suit properties to the plaintiff by executing and registering a sale deed vide Ext.1 on dated 16.04.1988 in his favour for a consideration amount of Rs.5,000/- and delivered possession of the suit properties to him (plaintiff). Accordingly, since the date of purchase i.e. since 16.04.1988, the plaintiff possessed the suit properties being the exclusive owner thereof. In the Hal settlement, the suit properties were recorded in the name of the plaintiff, but in the remarks column of the Hal R.o.R. of the suit plot, the father’s name of the defendant Nos.1 to 7 was indicated erroneously as an illegal possessor. So, taking the advantage of such illegal noting of possession in the remarks column of the Hal R.o.R. of the suit plot in favour of the father of defendant Nos.1 to 7, they (defendant Nos.1 to 7) tried to dispossess the plaintiff from the suit properties forcibly. For which, breach of peace created between them. Therefore, a proceeding under Section 145 of the Cr.P.C. was initiated against the plaintiff and defendant Nos.1 to 7 in respect of the suit properties.

So, without getting any way, the plaintiff approached the Civil Court by filing a suit vide T.S. No.176 of 1988-I against the defendants praying for declaration of his right, title, interest and possession over the suit properties and to injunct the defendant Nos.1 to 7 permanently from interfering into the peaceful possession of the plaintiff over the suit properties.

5 . Having been noticed from the Trial Court in T.S. No.176 of 1988-I, defendant Nos.1 to 7 contested the suit of the plaintiff by filing their written statement jointly denying the averments made by the plaintiff in his plaint by taking their stands inter alia therein that, the suit properties were originally under the ex-ntermediary estates of the then ex- intermediary Bira Kishore Das and the suit properties were Anabadi land. The said ex-intermediary of the suit properties inducted Biswanath Kuanr and Sripati Kuanr as tenants thereof in the year 1938 by accepting salami and rent from them. Accordingly, on the basis of such induction as tenants over the suit properties, Biswanath Kuanr and Sripati Kuanr cultivated the suit properties after 5th day of Raja in the year 1938. The said Biswanath Kuanr and Sripati Kuanr were two brothers. One year thereafter i.e. in the year 1939, both the brothers i.e. Biswanath Kuanr and Sripati Kuanr partitioned their all joint family properties including the suit properties and in such family partition, the suit properties were allotted into the share of the father of the defendant Nos.1 to 7 i.e. in favour of Biswanath Kuanr. Accordingly, since the year 1939, father of the defendant Nos.1 to 7 possessed th