Possession must be adverse and hostile to establish adverse possession; mere long-term possession does not equate to legal title without evidentiary support.

Judgment :

A.C. Behera, J.

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

2 . The appellant-Dwari Swain of this Second Appeal was the defendant No.1 before the Trial Court in the suit vide T.S. No.57 of 1988 and he was the appellant before the First Appellate Court in the First Appeal vide T.A. No.24 of 1991.

When during the pendency of the Second Appeal, the appellant (defendant No.1-Dwari Swain) expired, then his LRs have been substituted in his place as appellants.

The respondent No.1 of this Second Appeal was the sole plaintiff before the Trial Court in the suit vide T.S. No.57 of 1988 and he was the respondent No.1 before the First Appellate Court in the First Appeal vide T.A. No.24 of 1991.

The respondent No.2 of this Second Appeal was the defendant No.2 before the Trial Court in the suit vide T.S. No.57 of 1988 and she was the respondent No.2 before the First Appellate Court in the First Appeal vide T.A. No.24 of 1991.

3 . The suit of the plaintiff (respondent No.1 in this Second Appeal i.e. Sibaram Swain) before the Trial Court vide T.S. No.57 of 1988 was a suit for declaration of right, title, interest and recovery of possession.

4 . The case of the plaintiff in his suit vide T.S. No.57 of 1988 before the Trial Court was that, the suit property is the southern portion Ac.0.40 decimals of sabik Plot No.1227/1720 under sabik Khata No.65 of village Bhuinpur under Sadar Police Station of Dhenkanal district specifically described in the sketch map attached to the plaint.

Suit sabik Plot No.1227/1720 Ac.0.81 decimals was jointly recorded in the name of Bidei Mallik and Nakhia Mallik. The said Bidei Mallik and Nakhia Mallik were possessing sabik suit Plot No.1227/1720 by distributing the same between them equally. According to such distribution, Bidei Mallik was possessing southern portion Ac.0.40 decimals out of Ac.0.81 decimals of suit sabik Plot No.1227/1720. That Bidei Mallik sold his southern portion Ac.0.40 decimals out of Ac.0.81 decimals of sabik Plot No.1227/1720 i.e. the suit property to the plaintiff and his brother Gangadhar Swain by executing and registering a sale deed in their favour and delivered possession thereof. After purchasing the southern portion Ac.0.40 decimals of sabik suit Plot No.1227/1720, the plaintiff-Sibaram Swain and his brother Gangadhar Swain mutated their said purchased suit property into their names through Mutation Case No.1526/1935 of the year 1958 and accordingly, their purchased property i.e. the suit property was mutated to their names jointly. When, the brother of the plaintiff i.e. Gangadhar Swain expired leaving behind his wife Rasabati Swain (defendant No.2) as his successor, for which, half share of Ganagadhar Swain in the suit property devolved upon his wife Rasabati Swain (defendant No.2) and accordingly, Rasabati Swain possessed the suit property along with the plaintiff jointly being the joint owner thereof with the plaintiff.

In a family partition between the plaintiff and the defendant No.2 through a suit for partition vide T.S. No.37 of 1968, the suit property fell into the share of the plaintiff. For which, the plaintiff is the exclusive owner and in possession over the suit property. The defendant No.1 (appellant of this Second Appeal i.e. Dwari Swain) is a very solvent and influential person and his son is serving in Indian Navy. The defendant No.1-Dwari Swain purchased the rest half portion of suit sabik Plot No.1227/1720 from Nakhia Mallik (who was the brother of the vendor of the plaintiff).

During the settlement operation, the defendant No.1 by exercising his power and money took the employees of the settlement authorities into his confidence and in order to grab the suit property illegally from the plaintiff, he (defendant No.1) fraudulently managed to indicate his name in the remarks column of the Hal R.o.R. of the Hal suit plot as an illegal possessor. After recording of such ill