Alekha Sahu v. State
Case brief
What is this about?
This appeal challenged a decree dismissing a suit for declaration of title based on adverse possession. The High Court upheld the lower courts' finding that appellants failed to prove adverse possession due to lack of proof regarding the date of entry.
What did the court decide?
Appeal dismissed; decree of the lower courts affirmed; no costs awarded.
What the court decided
HIGH COURT OF ORISSA: CUTTACK R.S.A. No.440 of 2006
From the judgment and decree dated 30.06.2006 and 20.07.2006 respectively passed by Shri M.K. Panda, learned Additional District Judge, Sonepur in R.F.A. No. 78 of 2004 affirming the judgment and decree dated 14.09.2004 and 05.10.2004 respectively passed by Shri P.K. Patsani, learned Civil Judge (Junior Division), Sonepur in T.S. No. 09 of 2003.
-----------
Alekha Sahu …. Appellant
Versus
State of Orissa and others …. Respondents
For Appellant Mr. Budhiram Das, Adv.
For Respondent no.4 Mr. Debasis Pattnaik, Adv.
J U D G M E N T
PRESENT:
THE HONOURABLE DR. JUSTICE A.K.RATH
Date of hearing and judgment: 03.01.2019
- DR.A.K.RATH, J. This appeal at the instance of the plaintiffs, assail the affirmed judgment of the learned Additional District Judge, Sonepur in R.F.A. No. 78 of 2004 in a suit for declaration of title and confirmation of possession.
02. The case of the plaintiffs was that the suit land was recorded in the name of State of Orissa as a public road in the 3rd and 4th settlement. They were the tenants and in possession of the same. During Ex-Darbar administration, the road leading from Sonepur to Bolangir was running in a carved manner from the Block square. The then Maharaja constructed the new road straight away from the Block
Issues for consideration
2 issues framed by the court
Whether the plaintiffs perfected title over the suit land by way of adverse possession.
Whether the findings regarding the date of entry and nature of possession were perverse or illegal.
Parties & counsel
- appellant
Alekha Sahu
- respondent
State of Orissa
Coram
A.K.Rath
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court