BANAMALI OJHA Vs. MUSI MALLICK

JUDGEMENT

(1.) THE petitioner seeks to assail the order dated 28th January, 1998 passed by the Commissioner, Consolidation, Board of Revenue, Orissa, in R.C. Nos.3/1997 and 4/1997. The said revisions were under Section 36 of the Orissa Consolidation of Holdings and Prevention of Fragmentation Land Act, 1972 (hereinafter called as the "Consolidation Act").

(2.) FOR appreciating the inter se controversy, it would be prudent to refer to some of the facts, which are relevant : -

(3.) ACCORDING to the parties, on the basis of an unregistered exchange deed executed on 27.5.1955 both the plots were exchanged inter se between Nilei @ Nilamani Ojha and Bhaskar Mallick. In other words by means of the aforesaid unregistered exchange deed Nilei @ Nilamani Ojha became the owner of Plot No.656 and Bhaskar Mallick became the owner of C.S. Plot No.1539.