Hari v. Dosa
Case brief
What is this about?
In an appeal against civil decree, the High Court held that plaintiffs cannot claim title via adverse possession when their plaint admits ancestral possession. The plea of adverse possession was inadequately pleaded regarding hostile animus. Appeal allowed, decree restored.
What did the court decide?
Judgment and decree of First Appellate Court set aside; judgment and decree of Trial Court restored.
What the court decided
IN THE HIGH COURT OF ORISSA AT CUTTACK
SA No.301 of 1988
In the matter of an appeal under section 100 of the Code of Civil Procedure assailing the judgment and decree dated 27.09.1988 and 06.10.1988 respectively passed by the learned Additional District Judge, Jeypore in Title Appeal No.5/88 (19/87 of D.J) setting aside the judgment and decree passed by the learned Additional Munsif, Umerkote in Title Suit No.4 of 1986.
Hari Kolar & Others …. Appellants
-versus-
….
Dosa Majhi & Others Respondents
Appeared in this case by Hybrid Arrangement
(Virtual/Physical Mode):
-
For Appellants Mr.Manoj Mishra, Sr. Advocate
Mr.T.Mishra, S.S. Parida,
S. Das, B.S.Tripathy and
S.K. Mishra (Advocates)
For Respondents - Mr.J.Patnaik, Sr. Advocate
Mr.B.S.Rayaguru, B.B. Ray,
H.C. Boxipatra, H.M. Dhal
(Advocate)
CORAM: MR. JUSTICE D.DASH
Date of Hearing & Judgment : 09.03.2022
The Appellants, by filing this Appeal under Section 100 of the Code of Civil Procedure (for short, ‘the Code’) have assailed the judgment and decree dated 27.09.1988 and 06.10.1988 respectively passed by the learned Additional District Judge, Jeypore in Title Appeal No.5/88 (19/87 of D.J).
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Issues for consideration
3 issues framed by the court
Whether title can be acquired by adverse possession without expressly pleading it in the plaint.
Whether the plaintiffs, who pleaded ancestral possession since excavation, successfully established adverse possession.
Whether the possession order under Section 145 Cr.P.C. conclusively proves the defendants' title superior to plaintiffs' claim.
Parties & counsel
- appellant
Hari Kolar & Others
- respondent
Dosa Majhi & Others
Coram
D. Dash
Case details
As recorded by the court registry
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