NILAMBAR SATPATHY Vs. PREMA GANDA AND ORS.

JUDGEMENT

(1.) THE Petitioner is a transferee of the disputed land measuring Ac.0.50 decimals out of plot No. 459 of H.S. Khunti No. 85 from opposite party No. 1 who happens to be a member of the Scheduled Caste and the transfer in question was effected by virtue of an unregistered deed dated 8 -7 -1956. The said opposite party No. 1 filed an .application before the Revenue Officer (opposite party No. 4) invoking his jurisdiction under Section 23(1) of the Orissa Land Reforms Act alleging therein that the transfer in question in favour of the Petitioner is hit by Section 22 of the Act as there was no permission in writing of the Revenue Officer and prayed that possession be restored on him. The Petitioner filed his objection in the said proceeding contending, inter alia that the transfer in question being of the year 1956, the provisions of the Orissa Land Reforms Act would have no application. It was also contended that the Petitioner being in possession for more than twelve years open and continuously in his own right had perfected his title by adverse possession.

(2.) THE Revenue Officer considered the entire materials on record and came to the condition that the Petitioner purchased the land since 1956 and possessed the same since the date of his purchase and the transfer being prior to the corning into force of the Orissa Land Reforms Act, the provisions of the said Act including Section 22 thereof would have no application; He further held that the Petitioner had also perfected his title by way of adverse possession. On these findings the application of opposite party No. 1 was rejected. The said order of the Revenue officer been annexed as Annexure -I.

(3.) IN the premises, as aforesaid, the following questions arise for our consideration: