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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Biranchi Narayan Tripathy – Appellant
Versus
State of Orissa – Respondent
| Table of Content |
|---|
| 1. appellant's claim and parties involved. (Para 1 , 2 , 3) |
| 2. details of the plaintiff's claims and defendant’s opposition. (Para 4 , 5) |
| 3. trial court and appellate court outcomes. (Para 9 , 10 , 11) |
| 4. requirements for adverse possession. (Para 14 , 15 , 16) |
| 5. final judgment affirming lower court's decision. (Para 17 , 18) |
JUDGMENT :
A.C. BEHERA, J.
1. This Second Appeal has been preferred against the conforming judgment.
The Appellant was the Plaintiff in the suit vide T.S. No.73 of 2001 and Appellant in the First Appeal vide R.F.A. No.38/12 of 2005-07. The Respondents were the Defendants in the suit vide T.S. No.73 of 2001 and Respondents in the First Appeal vide R.F.A. No.38/12 of 2005-07.
2. The suit of the Plaintiff vide T.S. No.73 of 2001 was a suit for declaration, confirmation of possession and permanent injunction.
3. The case of the Plaintiff against the Defendant No.1 (State of Odisha) was that, he (plaintiff) and the defendant No.2 are two brothers and their father was late Kashinath Tripathy.
4. The suit land described in Schedule-A of the plaint has been continuing in the name of the State of Odisha (Defendant No.1) in all the settlements under Anabadi Khata.
Continuous possession alone does not establish adverse possession; clear proof of hostility and specific dates of possession are essential requirements.
A claim for title by adverse possession must be clearly pleaded with specific dates and evidence of denial of the true owner's title; mere long possession is insufficient.
Claims of occupancy rights and adverse possession cannot coexist; an encroacher is not entitled to injunctive relief against the rightful owner.
The court reiterated that for a claim of adverse possession, continuous possession over 30 years must be proven explicitly; mere long possession without asserting hostile title does not suffice.
The court affirmed that the state can claim adverse possession, emphasizing the necessity for plaintiffs to prove their title and possession to succeed in such suits.
Claims related to adverse possession require explicit, clear evidence of continuous and hostile possession; mere long-term possession does not confer title without supporting legal criteria.
A claim for title through adverse possession requires proof of hostile possession, which was not established by the plaintiffs, leading to dismissal of their appeals.
A claim of title through adverse possession is inadmissible when a claimant asserts title through inheritance over the same property, as these claims are mutually exclusive.
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