BHIKARI NAYAK Vs. BRAJABANDHU NAYAK

JUDGEMENT

(1.) Plaintiff is appellant in this second appeal against a reversing judgment where question for consideration is whether the suit is maintainable under S.67 of the Orissa Land Reforms Act, 1960 (hereinafter referred to as 'the Act') which reads as follows :- "Save as otherwise expressly provided in this Act, no Civil Court shall have jurisdiction to try and decide any suit or proceeding so far as it relates to any matter which any officer or other competent authority is empowered by order under this Act to decide."

(2.) Plaintiff has sought for declaration of his title as sikmi tenant under defendant No. 1 in respect of 1 acre 48 decimals of agricultural land in village Bramhagiri governed under the Orissa Tenancy Act, 1913 (hereinafter referred to as 'the Tenancy Act') and further declaration that defendants Nos. 2 and 3 have no interest in the land. On the basis of these declarations, consequential reliefs have been sought for.

(3.) Case of plaintiff is that his father Bhima Nayak was possessing the disputed land as sikmi tenant paying Raj Bhag to father of defendant No. 1, the landlord who was the raiyat in respect of the suit land. Being his only son and legal representative, plaintiff continued to possess the property on payment of rent to father of defendant No. 1 and after him to defendant No. 2. Since defendant No. 1 tried to disturb his possession with help of his supporters, suit was filed. Plaintiff asserted that his interest of sikmi tenant is heritable according to the custom prevailing in the area.