KANDURI CHARAN BEHERA Vs. RAMESH CH ROUL

JUDGEMENT

(1.) This writ petition has been filed assailing the order dated 01.01.1997 (Annexure-7) passed by the Commissioner, Consolidation, Cuttack (O.P. No.27) in Consolidation Revision No.1855 of 1995 and to direct the opposite parties 25 to 27 to record the case land in the names of the petitioners and opposite party Nos. 9 to 23 jointly.

(2.) The case land pertains to Sabik Plot No.4089, Sabik Khata No.709 and Sabik Plot No.4095 in Sabik Khata No.699 corresponding to LR Plot No.4262 to an extent of Ac.0.070 decimal and Plot No. 4264 to an extent of Ac.0.630 decimal respectively of village Tarapur in the district of Kendrapara.

(3.) It is the case of the petitioners that one Kamrun Nisa Bibi, the ex-intermediary had leased out an area Ac.0.81 decimals of land in favour of the predecessors of the petitioners and opposite parties under an unregistered deed dated 27.03.1954 (Annexure-1) and handed over possession to them. The contesting opposite parties 1 to 8 are the successors of the lessee, Krushna Raul. The petitioner No.1 and the original petitioner Nos.2 and 3 are the successors of lessee, Banamali Behera. Petitioner Nos.4 and 5 are the successors of lessee, Kasinath Raul. Petitioner No.6 is the successor of lessee, Baishnab Behera. The original petitioner No.7 himself was one of the lessees. Petitioner No.8 is the successor of lessee, Bhagaban Raul. The original petitioner No.9 himself was one of the lessees.