Pabana v. Sherandi
Case brief
What is this about?
Hon'ble Dr. A.K. Rath, J. dismissed the second appeal against a lower appellate decree maintaining the suit for declaration of title and permanent injunction. The court held that Record of Right and voter lists do not prove adoption or adverse possession without evidence of customary ceremonies.
What did the court decide?
SECOND APPEAL DISMISSED. NO COSTS.
What the court decided
HIGH COURT OF ORISSA: CUTTACK
SA No.171 of 1992
From the judgment and decree dated 29.02.1992 and 12.03.1992 respectively passed by Mr. S. Sahu, learned Additional Sub-Judge, Puri in T.A. No. 31/88 of 90/88 affirming the judgment and decree dated 06.10.1988 and 04.11.1988 respectively passed by Mr. C.R. Dash, learned Additional Munsif, Puri in T.S. No. 140/270 of 1988/81.
Pabana Bhola @ Sasmal …. Appellant Versus Sheranti Bewa and others …. Respondents
For Appellant … Mr. Ayusman Mahanta, Adv. For Respondents … Mr. Budhiram Das, Adv.
PRESENT:
THE HONOURABLE DR. JUSTICE A.K.RATH
Date of hearing & judgment: 04.09.2017
Dr. A.K.Rath, J Defendant no.5 is the appellant against an affirming judgment.
2. Gadadhar Samal, predecessor-in-interest of the respondent no.1 and father of the respondent nos.2 to 4 as plaintiff, instituted T.S. No. 140/270 of 1988/81 in the court of the learned Additional Munsif, Puri for declaration of their right, title, interest and recovery of possession and permanent injunction impleading the appellant as well as respondent nos.9 to 16 as defendants.
Issues for consideration
3 issues framed by the court
Whether on the presumptive value of correctness of entries in Record of Rights, there would be no effect in the absence of evidence to disprove the same regarding adoption and adverse possession.
Whether basis on public documents like Record of Rights and voter lists suggesting prima facie proof of physical possession, the courts below were correct in holding that the appellant failed to prove
Whether plea of adverse possession is sustained by record of right entries and voter lists without evidence of giving and taking ceremony for adoption.
Parties & counsel
- appellant
Pabana Bhola @ Sasmal
Coram
A.K. Rath
Case details
As recorded by the court registry
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