D K SAHU Vs. SASU BAHU SALT FACTORY

JUDGEMENT

(1.) DEFENDANT no.1 is in appeal against the judgment and decree passed by the learned Subordinate Judge (now Civil Judge, Senior Division ), Bhadrak in T.S.No.86 of 1983 -I.

(2.) PLAINTIFF is a registered partnership firm which filed the suit through its partners for declaration that the plaintiff is the original owner of the suit lands described under Schedules 'A', 'B' and 'C' of theplaint. Suit lands, situated on the shore of Bay of Bengal, were part of ex -intermediary estate of Parhi family.

(3.) PLAINTIFF 's case is that partners Nilasaila Nayak and Nilamadhab Nayak purchased 'A' schedule suit lands on the strength of registered sale deeds executed by 24 persons in whose favour said lands had been settled by the Zamidar. Suit lands under 'B' schedule were leased out in favour of partner Kanhu Charan Samal whereas suit lands under 'C' schedule were leased out in favour of partner Krushna Charan Jena by the Zamidar. Said lessees and vendors of above said Nilasaila Nayak and Nilamadhab Nayak were paying rent and in possession of the suit lands. After acquisition of the suit lands partners possessed the suit lands. In order to carry out rubber plantation partners formed a partnership and planted some rubber plants which did not grow due to ecological reasons. Thereafter, the partners carried out manufacture of salt over a part of the suit lands for a short period. It is asserted that the partners are raising paddy crops over the suit lands. It is further pleaded that since sea is receding towards east, more lands have been created adjacent to the suit lands. Attempt of the partners to get the suit lands recorded during major settlement operation as well as mutated by the Tahasildar, Basudevpur did not yield any result. In the meanwhile, partners have formed a registered partnership firm by inducting two other partners. It is alleged that defendant no.1, State of Orissa, has made symbolic delivery of possession in respect of a substantial portion of suit lands as described under Schedule 'D' of the plaint to defendant no.2, Orissa Maritime ofChilika Area Development Corporation Limited, Bhubaneswar (hereinafter called as 'the Corporation') which has cast cloud on plaintiff's title and ownership over the suit lands. It is asserted that defendant no.2 has never possessed the suit lands nor has manufactured salt on the same.