AKULI MALLIK @ JENA Vs. KUSA JENA AND ORS.

JUDGEMENT

(1.) THE Plaintiff in Title Suit No. 46 of 1985 of the Court of the Munsif, Kendrapara filed this application under Section 115 of the Code of Civil Procedure (for short 'C.P.C.') challenging the order passed by the learned Munsif on 11 -7 -1989 that the suit abated under Sections 4(4) and 51 of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (for short 'the Act').

(2.) THE Petitioner filed the aforementioned suit against opposite parties to declare his right, tide, interest and possession over the suit land and to declare the finally published record of rights by the consolidation authorities as illegal. The suit land as described in the plaint was Ac 0.11 decimals in plot Nos. 231 and 232 under Khata No. 5 of village Derakundi. It is the case of both the parties that the suit land is homestead land with a house standing thereon.

(3.) DURING pendency of the suit a petition was filed by the Defendants on 21 -10 -1986 praying to the Court to pass necessary order for preliminary hearing of the suit on the issue of its maintainability, in view of Sections 4 and 51 of the Act and on the ground of res judicata. The Plaintiff in his objection to the said petition stated, inter alia, that the consolidation operation in the area had been concluded prior to filing of the suit and the Plaintiff has challenged the wrong recording of the names of the Defendants by the consolidation authority and therefore, the civil Court has jurisdiction to adjudicate the dispute raised in this case. The matter has disposed of by toe impugned order in the manner stated earlier.