Alekha Charan Behera vs Sasia Das & Others
2021 Latest Caselaw 8770 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                            R.S.A. No.84 of 2020


            Alekha Charan Behera                  ....           Appellant
                                        Mr.Ajodhya Ranjan Dash, Advocate
                                        -versus-
            Sasia Das & Others                      ....          Respondents


                      CORAM:
                      MR. JUSTICE D.DASH
                                        ORDER

23.08.2021 Order No.

04. 1. This matter is taken up through hybrid arrangement (virtual/physical mode).

2. Heard learned counsel for the Appellant in the matter of admission. Perused the judgments passed by the Trial Court as

3. The Appeal is admitted on the following substantial questions of law:

(i) "Whether the Courts below ought to have held that the Plaintiff has proved her possession over the suit land as the donee all through from the very day of execution of deed of gift in his favour by the donor by delivery of possession of the same and thus has perfected the title over the same by adverse possession?

(ii) Whether the courts below have erred in law in repelling the claim of the Plaintiff to have acquired title by adverse possession over the land in suit on the basis of his assertion and evidence on record that the property in question having been intended to have been gifted in his favour; in fact

// 2 //

had been gifted and non-mention of the same in the deed of gift was a mere bilateral mistake/omission?

4. Issue notice to the Respondents by Registered Post with A.D. Steps be taken within a week hence. In that event notice be issued fixing a short returnable date.

5. List this matter in the week commencing from 4th October, 2021.

                                                    (D. Dash)
    H                                                Judge




H