GUNDAM MANGA RAJU Vs. TIRTHABASI MOHAPATRA

JUDGEMENT

(1.) The dispute pertains to an extent of land measuring area Ac.19.55 decimals of mouza-Chakuli under Attabira P.S. The direction of the learned Single Judge dtd. 21/2/2008 for recording half share of the land in favour of Respondent No.2 has been assailed in the present appeal.

(2.) The admitted facts of the case are that, the then Gountia namely, Gangadhar Satapathy settled the land in favour of Abhimanyu Das by Gountia Lease Patta dtd. 6/11/1943 which was later confirmed by the Member, Board of Revenue in Revenue Appeal No.98/53/54. Said Abhimanyu Das sold the land in question to Tirthabasi Mohapatra and Dhirabati Mohapatra (Respondent No.1 and 2, who are husband and wife) vide Registered Sale Deed (RSD) No. 985, dtd. 4/4/1960. Subsequently Tirthabasi along with Abhimanyu sold the land to G. Janaki Rama Rao (Respondent No.7), G. Gani Raju and another vide RSD No.2670, dtd. 30/3/1963.

(3.) When the consolidation operation started in the area, Objection Case Nos.181, 183, 184, 185 and 186 of 1981 were filed by the Respondent No.7. Objection Case No.182/1981 pertaining to area Ac.1.50 decimals out of total Ac.19.55 decimals was filed by the present Appellant. It is the case of the Appellant that she purchased the aforesaid land from her vendor - G. Gani Raju vide RSD No.2255, dtd. 9/9/1980. The Consolidation Officer rejected all the objection cases by common order dtd. 26/2/1982. Being aggrieved by the order of the Consolidation Officer, the Appellant filed Appeal Case No.139/1982 and Respondent No.7 filed Appeal Case Nos. 134/1982, 135/1982, 136/1982, 137/1982, 138/1982 and 140/1982 before the Deputy Director, Consolidation of Holdings, Sambalpur. All those seven appeals were allowed by a common order dtd. 29/1/1983 with the direction to record the purchased lands separately in the name of respective purchasers. As such final consolidation patta was issued in favour of the Appellant in respect of her land measuring area Ac.1.50 decimals in Consolidation Khata No.214.