BUDHI PANIGRAHI Vs. BHAGIRATHI SWAIN

JUDGEMENT

(1.) THIS is plaintiff-appellants' petition under Article 133 of the Constitution for leave to appeal to the Supreme Court against the decision of a Division Bench of this Court,--in First Appeal No. 23 of 1955 and First Appeal No. 12 of 1956 which were heard analogously,--setting aside the decision of the trial court in the said title Suits whereby the trial Court decreed the suits of the plaintiffs (petitioners herein ).

(2.) THE main point for consideration is the question of valuation which, according to the plaintiff-petitioners, is not less than Rs. 20,000/ -. For determination of the value of the subject-matter of the dispute, it is necessary to go into certain relevant facts which ore hereinafter stated.

(3.) IN the said two first appeals decided by this Court, the main points involved related to questions whether the lease in respect of suit lands by the zamindar of dharakote Estate in the district of Ganjam in favour of the plaintiffs was in good faith and for valuable consideration or whether the said lease was void and inoperative as prohibited by Section 3 read with Section 4 of the Orissa Communal forest and private Lands (Prohibition of Alienation) Act, 1948 (hereinafter referred to as the Orissa Act I of 1948 ).