MAKARDHWAJA PATRA Vs. AKRURA SUNA

JUDGEMENT

(1.) THE decree -holder is the petitioner before this Court against the older passed by the learned Civil Judge (Junior Division), Sonepur, confirmed in appeal by the learned Civil Judge (Senior Division), Sonepur, arising out of an application under section 47 of the Code of Civil Procedure.

(2.) THE petitioner before this Court had executed a lease deed in favour of the opposite party in respect of about one acre of land for Dalua cultivation in the year 1994 on the condition that the opposite party would pay 7 bags of paddy to the petitioner. Due to non -payment of the said paddy the petitioner filed M. S. No. 1 of 1994 and the said suit was decreed. For realisation of the decretal amount, the present Execution Case was levied. In the Execution Case the opposite party filed an application under section 47, C. P. C. stating that the decree is inexecutable in view of the fact that the suit was barred under section 67 of the Orissa Land Reforms Act, 1960 (for short 'the O. L, R. Act'). The case of the opposite party in the application under section 47, C. P. C. is that he was inducted as a tenant in respect of the said land in the year 1994 and the O.L R. Act prohibits any action for taking the land and if a transfer by way of lease is made, it is void and inoperative under section 6(2) of the O. L. R, Act. The claim of the petitioner, if any, should be adjudicated by the Revenue Officer as provided under that Act and the civil court lacks jurisdiction under section 67 of the said Act.

(3.) THE trial court allowed the application under section 47, C. P. C. on the ground that the opposite party having been inducted as a tenant in respect of the land, the provisions of the O. L. R. Act are applicable and therefore, the suit was barred under section 67 of the Act. In appeal Sled by the present petitioner, the same view was taken and the appeal was also dismissed.