SUKHDAI Vs. HARIPRASAD VISHWAKARMA

JUDGEMENT

(1.) This second appeal preferred by the appellant/defendant No. 4 was admitted for hearing on 05/01/2021 by formulating the following two substantial questions of law :-

(2.) The Naib Tahsildar, Jagdalpur / competent authority (Revenue) granted the bhoomiswami right/patta over the suit land in favour of the plaintiff on 15/03/1976 which was cancelled by the Sub-divisional Officer, Jagdalpur by order dated 16/01/1992. Questioning the said order, plaintiff preferred a revision before the Commissioner, who by his order dated 08/08/1994 (Ex. P/4) affirmed the order of the Subdivisional Officer and thereby, dismissed the revision finding no merit, against which a civil suit was filed by the plaintiff before the trial Court on 22/03/2001 pleading that the suit land was granted to him by the Naib Tahsildar, Jagdalpur in bhoomiswami right and therefore, the order of the Sub-divisional Officer dated 16/01/1992 as well as the order dated 08/08/1994 passed by the Commissioner are null and void, which was opposed by defendant No. 4 in the written statement filed by him.

(3.) Learned trial Court, upon appreciation of oral and documentary evidence on record, decreed the suit of the plaintiff vide its judgment and decree dated 22/03/2005 holding that the order passed by the Sub-divisional Officer dated 16/01/1992 cancelling the patta in favour of the plaintiff and the revisional order passed by the Commissioner dated 08/08/1994 (Ex. P/4) are null and void.