SAILENDRA NARAYAN BHANJA DEO Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an appeal from the judgment and decree passed on 28-9-1953, by a Bench of the Orissa High Court in an Original suit which was filed on 24-11-1952, in the Court of the Subordinate Judge of Cuttack and was on 17-1-1953, transferred to the High Court and marked as Original Suit No. 1 of 1953.

(2.) The plaintiff's contention before us is that no notification under S. 3 (1) of the Abolition Act can issue because (1) his land is not an "estate" as defined in S. 2 (g) of the Act and (2) the plaintiff is not an 'intermediary within the meaning of S. 2 (h) thereof. In answer to this, the Attorney-General, appearing on behalf of the State, makes five submissions, viz.,

(3.) Re. (a) :- Under S. 3 (1) of the Abolition Act, the State Government can declare that a specified "estate" has passed to and has become vested in the State. It is, therefore, clear that the State Government cannot make any notification with respect to land which is not an "estate". "Estate" is defined in S. 2(g) of the Abolition Act. The material portion of that definition, as it stood at the date of the institution of the suit, was as follows :-