Orissa Court December 1955 Judgments

Halim Mohammed and ors. Vs. Commr. of Cuttack Municipality and ors.

Court: Orissa

Reported in: AIR1956Ori92; 22(1956)CLT119

Panigrahi, C.J.1. The litigation culminating in this appeal was started in 1942 for, establishing the right of plaintiff 3 to a bit of land measuring .037 decimals in C. S. Plot No. 1468 situated within the Municipality of Cuttack. Plaintiffs 1 and 2 represented plaintiff 3 which is described as a Tomb of Haji Rustom Sahib, Fir, existing from time immemorial and is a pan of C. S. plot) No. 1490 which adjoins the disputed plot.The plaintiffs' case is that the disputed plot which is recorded in the Current Settlement as part of a 'Rastha' originally had formed part of Provincial Settlement Plot No. 2303, The Cuttack Municipality collected road materials fend put up a road on it in spite of the protests of the plaintiffs. The plaintiffs complain that this action of the Municipality amounted to trespass and claim damages of Rs. 50/- for the same.The contention of the defendant-Municipality was that there had been a passage on the land used by the inhabitants of the locality and that theref...