BANAMBAR SWAIN AND ORS. Vs. SANKARSAN DASH

JUDGEMENT

(1.) THE Defendants are the Appellants before this Court against a judgment of the lower appellate Court allowing the appeal in the part and setting aside the judgment and decree of the trial Court. The Respondent has also filed the cross -appeal challenging that portion of the judgment of the lower appellate Court in which the decree of the trial Court has been confirmed.

(2.) THE Respondent has filed the suit for declaration, that the Defendants -Appellants have got no manner of right, title, interest and possession over the suit properties described in Schedule 'A' and 'B' and for declaration that the Plaintiff has got exclusive possession over the same. A further prayer was also made to declare that the settlement entries in the R.O.R. published in 1977 relating to occupancy holding Nos. 297 and 298 describing the Defendants as Sikimi tenants' in respect of holding No. 298 and in forcible occupation of holding No. 297 are erroneous, illegal and for correction of the said entries deleting the names of the Defendants. A prayer was also made for permanent injunction.

(3.) DEFENDANT 1 to 4 filed written statement stating that the Plaintiff is the occupancy raiyat in respect of the suit properties and that their predecessors were the Sikimi tenants under him. After death of the predecessors, the Defendants were allowed to continue as bhag -tenants in respect of the suit properties and the Plaintiff was collecting Raj -bhag from them without granting any receipt to that effect as per the local practice. Since the predecessors of the Defendants were continuing in respect of the suit properties as Sikimi tenants and thereafter the Defendants continued as bhag -tenants they have rightly been recorded as Sikimi tenants. The suit was filed because the Plaintiff demanded half produce of the Raj -bhag and the Defendant did not agree to the demand. A further objection was raised by the Defendants that as they are bhag -tenants in respect of the suit -properties and the suit is not maintainable under the Orissa Land Reforms Act.