RAMANATH PANDA Vs. STATE OF ORISSA AND ANR.

JUDGEMENT

(1.) THE suit was filed for permanent injunction restraining the Defendants from recovering a sum of Rs. 2821.50 p imposed in O.P.L.E. Case No. 415/68.237/70 and 12/71.

(2.) CASE of the Plaintiff -Appellant is that he is the owner in possession of a piece of vacant house site in Jeypore town covered under Khata No. 116. Plot No. 551 extending to an area of Ac. 0.149 cents for more than forty years. In absence of the Plaintiff the land was wrongly recorded in the name of the Government during settlement operation in the year 1964 and on the basis of such wrong entry Defendant No. 2. Tahasildar, Jeypore started O.P.L.E. Case Nos. 415/68. 237/70 and 12/71 and imposed assessment and penalty amounting to Rs. 2621.50 p. The Plaintiff having come to know about the wrong entry made in the settlement, filed objection before the Asst. Settlement Officer and after enquiry the Asst. Settlement Officer recorded a finding that the Plaintiff is in possession of the house site for more than 30 years and accordingly directed to record the name of the Plaintiff in respect of the site. Even after the aforesaid order was passed the Tahsildar, Jeypore started taking steps for recovery of the amount, as a result of which the suit had been filed.

(3.) AT the first instance the suit was dismissed on 30.9.1982 and an appeal was carried by the Plaintiff before the learned District Judge, Koraput in Title Appeal No. 31 of 1983. Learned Additional District Judge. Koraput who heard the appeal allowed the same and remitted the suit to the trial Court with a direction to frame an issue as to whether the Plaintiff had been in possession of the suit site for more than 30 years prior to commencement of O.P.L.E. cases. After remand of the case, from the lower appellate Court the learned Subordinate Judge, Jeypore framed an additional issue and decreed the suit.