BUDHA BHOI Vs. PARSURAM BHOI

JUDGEMENT

(1.) Second Party in Criminal Misc. Case No. 95 of 1981, a proceeding under Section 145, Cr. P.C. has filed this revision against the judgment dated 6th December, 1993 of the Sub-Divisional Magistrate, Titilagarh (in short SDM). Cultivable lands in Plot Numbers 277, 278, 376 and 377 measuring an area of Ac. 2.22 decimals of Holding number 51 of village Badgamada under Bangomunda Police Station in the district of Bolangir is the subject-matter of dispute Learned S.D.M. vide the above noted impugned judgment declared possession of the first party who are the opposite party in this revision.

(2.) It reveals from the lower Court's record that the proceeding was initiated on the application of the first party members who were six in number. They claimed that the disputed case land is 'Devottar' property belonging to the village deity "Dharani Devta" and that the second party, who was the priest for the said deity, having failed to do the 'seva-Pooja' the Additional Assistant Commissioner of Endowment, Sambalpur vide his order No. 148 dated first September, 1981 appointed the first party members as the non-hereditary trustees and therafter they possessed the case land and grew crops but the second party attempted to remove the crop by use of force which gave riseto apprehension of breach of peace.

(3.) The second party advanced his claim of possession on the ground that he is the 'Sebayat' of the deity hereditarily and in lieu thereof he is possessing the case land and in that respect his status and possession has been noted in revenue records during settlement operations in 1936 and 1975 and the proceeding under the Orissa Estate Abolition Act finalised in 1977. He also stated that he had grown the crops in the year of dispute i.e. 1981.