KHETRAMOHAN BARAL Vs. RASANANDA MISRA

JUDGEMENT

(1.) THESE four second appeals were heard analogously and will be disposed of in one judgment. They arise out of the judgment and decree of the learned Additional District Judge of Cuttack-Dhenkanal confirming the judgment and decree of the Munsif, Second Court, Cutback, in four suits as described in the chart below : number of suit in the trial court. 1 number of the appeal before the Addl. District judge. Number of Second appeal before the high Court o. S. No. 208/50 o. S. No. 209/50 o. S. No. 210/50 o. S. No. 212/50 t. A. 41/56 t. A. 42/56 t. A. 43/56 t. A. 45/56 s. A 68/1959 s. A. 69/1959 s. A. 70/1959 s. A. 72/1959

(2.) IN the trial Court O. S. Nos. 208, 210, 211 and 212 of 1950 were all disposed of by one judgment. Though they were all tried analogously with T. S. No. 209 of 1950, a separate judgment was however delivered in T. S. No. 209 of 1950 by the learned Munsif. Five separate decrees were prepared in respect of all the aforesaid title suits. Five appeals were filed against the judgments and decrees of the learned Munsif and all the five appeals (Title appeals 41 to 45 of 1956) were disposed of by the lower appellate Court by one judgment and five separate appellate decrees were also drawn up. In the High Court also five separate second appeals were preferred by the defendants (Second appeals 68 to 72 of 1959 ). Of these, Second Appeal No. 71 of 1959 was disposed of by a separate judgment today. The remaining four appeals namely Second appeals 68, 69, 70 and 72 of 1959, will all be governed by this judgment.

(3.) IN all these four appeals though the plaintiffs are different the defendants are the same. The plaintiffs, by separate suits prayed for a declaration that, they were occupancy raiyats in respect of certain items of properties described in the plaints. The defendants are admittedly the successors in interests of one Ganeswar monanty and his co-sharers (hereinafter referred to as the Mahantis) who were recorded as occupancy raiyats (Sthitiban) in respect of all the suit properties. These properties appertain to Khata No. 169 of the Current Settlement (Ex-U)having an area of 7. 21. 9 acres. In the Current Settlement the Mahanties were shown as Sthitiban Raiyats and the cash rental payable to the superior landlord for the entire Khata was shown as Rs. 25-14-6 (Ext. U ). Plaintiffs in O. S. Nos. 206, 210, 211 and 212 of 1950 were recorded as Sikimi Dhulibhag tenants under the mahantis in respect of small portions of the said Khata in the Current Settlement. The plaintiffs in T. S. No. 209 of 1959 were recorded as Sikimi under the Mahantis in the same Khata but it was further recorded that they were paying cash rent of rs. 0-6-0 (See Ext. 7/a) to the Mahantis.