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ORISSA HIGH COURT
SK.IDRISH – Appellant
Versus
SK.HODA – Respondent
JUDGMENT :
SASHIKANTA MISHRA, J.
This is a defendant’s appeal against a reversing judgment. The judgment passed by learned Civil Judge (Jr. Division) Bhadrak in Title Suit No.337 of 1990-I on 22.04.1997 followed by decree dismissing the suit of the plaintiffs was reversed by judgment passed by learned Addl. District Judge, Bhadrak on 28.10.1999 followed by decree in Title Appeal No.32 of 1997.
2. For convenience, the parties are referred to as per their respective status before the Trial Court.
3. The plaintiffs filed the suit for declaration of right, title and interest over the suit land and for declaration that defendants have no manner of right, title, interest over the same, confirmation of possession, recovery of possession, if found dispossessed, and for declaration that the Tenant Ledger (TL) and MS ROR as wrong and for declaration that the suo motu case and mutation case in respect of the suit land is illegal, void and not acted upon along with permanent injunction.
4. Briefly stated, the case of the plaintiffs is that the suit Khata being CS Khata No.56 was recorded in the name of Jagannath Mahaprabhu and Hemayat Alli Sa with Gajendra Naik, Pranakrushna Naik and Mahendra Nayak
Procedural irregularities in land settlement undermine title claims; civil courts can intervene if statutory processes lack compliance.
Civil Court can review procedural irregularities in tenure matters unless barred by specific statutory provisions, impacting tenant rights and land ownership claims.
Civil courts can intervene in administrative proceedings if natural justice principles are violated, regardless of statutory bars.
Civil courts can review statutory decisions where procedural irregularities, such as lack of notice, occur, reaffirming jurisdiction despite legislative bars.
The record of rights (Khatian) is presumptive evidence of ownership, establishing Rayati rights until disproved, leading to recovery of possession.
Mere possession for a long time does not convert permissive possession into adverse possession. The burden of proof rests on the party claiming adverse possession, and unregistered documents may not ....
The claim of title by adverse possession cannot be raised as an alternative plea of occupancy rayat, and the requirements for the claim of title as an occupancy rayat and that of adverse possession a....
The settlement order, revenue records, and lack of evidence supporting adverse possession claims were crucial in establishing the plaintiffs' continuous possession and defeating the defendants' claim....
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