SUNARAM SINGH Vs. SARADHAMANI SINGH

JUDGEMENT

(1.) In this writ petition, the Petitioners have assailed the order dated 18.11.2008 passed by the learned Addl. District Magistrate, Mayurbhanj in O.L.R. Revision Case No. 02 of 2008 reversing the order of Sub-Collector, Baripada dated 30.01.2008 in O.L.R. Appeal Case No. 01 of 2006 wherein he had confirmed the order dated 6.7.2006 passed by the Tahasildar, Betanati in O.L.R. Case No. 51 of 2005.

(2.) Succinctly stated, the Petitioners are the sons of late Ruhia Singh. Late Purna Chandra Singh, the husband of Smt. Saradhamani Singh was the first cousin of late Ruhia Singh. The Petitioners filed a petition under Section 15(1)(b) of The Orissa Land Reforms Act, 1960 (hereinafter referred to as OLR Act) with prayer to declare them as Bhag Tenants in respect of five plots measuring Ac.5.11 decimals as described in detail in 'B' Schedule of the petition and to injunct Smt. Saradamani Singh (opp. party No. 1) from entering upon the said land. As per their case, they were inducted as Bhag Tenants by Muguni Singh, the first wife of late Purna Chandra Singh in respect of 'B' Schedule land of the petition about more than 20 years back. Since then, they have been possessing the said land on payment of Sanja on yearly basis to Muguni Singh till her death and after her demise, to the opp. party No. 1, the second wife of late Purna Chandra Singh. It is the further case of the Petitioners that taking advantage of the simplicity and illiteracy of their father, Purna Chandra Singh managed to record the disputed land in his favour in the Major Settlement. However their father was in peaceful possession over the disputed land as Bhag Tenant till his death. For the first time, on 10.01.2005, they came to know about the recording of the disputed land in the name of Purna Chandra Singh in M.S. R.O.R., when opp. party No. 1 threatened to dispossess them from said land. Hence, they filed the petition under Section 15(1)(b) of the O.L.R. Act with prayer as stated earlier before the Tahasildar, Betanati, Mayurbhanj, which was registered as O.L.R. Case No. 51 of 2005.

(3.) Opp. party No. 1 in her objection admitted the relationship of the Petitioners with her husband and herself. According to her, she married Purna Chandra Singh in the year, .1960. During that time, her husband was cultivating the disputed land. After his death, she has been cultivating the same with the help of her adopted son, Purna Singh since last 40 years. Neither her husband ever gave the land in question to the Petitioners' father nor she herself gave the same to the Petitioners on Bhag basis.