RAGHUNATH SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Petitioners call in question the Order Dated 17.4.2001 passed by the Addl. District Judge, Khurda in Civil Revision No. 6 of 2000 dismissing the revision & confirming the Order Dated. 20.4.2000 passed by the Learned Civil Judge (Sr.Division) Khurda in T.S. No. 113 of 1999.

(2.) Opp. Party No. 2 as Plaintiff filed T.S. No. 113 of 1999 before the Court of Learned Civil Judge (Sr. Division) Khurda for declaration of his right, title & interest over the suit properties as described in Schedule A, Band C of the plaint, confirmation of possession of Schedule B and C properties & eviction of Opp. Party No. 3 (Defendant No. 1) from Schedule A property & recovery of Rs.17,500 from her along with damage @ Rs.50 per day & for permanent injunction.

(3.) As per the case of Opp. Party No. 2 he let out the house standing over A schedule property in favour of Opp. Party No. 3 & one Snehalata Samantaray on a monthly rent of Rs.1000. As they defaulted in making payment of rent. Opp. Party No. 2 issued notice for their eviction. On receipt of the notice, Snehalata Samantaray vacated the house, but Opp. Party No. 3 continued to occupy it. So far as B schedule property is concerned, the case of Opp. Party No. 2 is that it situates in front of Jugal Charan Girls' Vidyapitha. After issue of eviction notice Opp. Party No. 3 along with some others tried to amalgamate the said property with the school premises & gathered building materials for construction of boundary wall by encroaching upon it. As regards Schedule C property, it is the case of Opp. Party No. 2 that he is the founder of the aforesaid school & donated land in its favour through a registered gift deed, but C schedule land was inadvertently included in the said gift deed, even though he did not actually intend to donate it. Possession of the said land was not delivered to the school. Taking advantage of inadvertent inclusion of C schedule property in the gift deed, Opp. Party No. 3 tried to take forcibly possession of the same. Hence, Opp. Party No. 2 filed the aforesaid suit. During pendency of the suit, the Petitioners, all of whom reside under Balugaon NAC filed two separate petitions - one under Order 1 Rule 8 & the other under Order 1 Rule 10 C.P.C. before the Trial Court to permit them to represent the general public of Balugaon N.A.C. & to add them as parties in the suit.