ARUN KUMAR MISHRA Vs. RABINARAYAN SAHOO

JUDGEMENT

(1.) The Appellant, by filing this Appeal under Sec. - 100 of the Code of Civil Procedure (for short, 'the Code') has assailed the judgment and decree dtd. 26/3/2021 passed by the learned District Judge, Puri in R.F.A. No.14 of 2011.

(2.) For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to, as they have been arraigned in the Suit.

(3.) The Plaintiff's case is that the suit land is a portion of vast area of land under Sabik Khata No.28. This land originally belonged to one Sunil Kanta Ghosh. The suit land being found to be ceiling surplus land in a ceiling proceeding initiated against Sunikanta under the provisions of Orissa Land Reforms Act, 1960 (for short, 'OLR Act') finally vested with the State. The State settled that land in favour of the Plaintiff on acceptance of his application by an order passed in Lease Case, i.e. CSLS No.81 of 1987. It is stated that the Revenue Authorities as well as the Consolidation Authorities accordingly finding the Plaintiff to have been conferred with the absolute ownership in respect of the suit land, prepared the record of right in respect of the suit land in his favour. The Plaintiff, thus being in continuous possession, when has found the Defendants to be disturbing in his possession, he has come to file the suit. In fact, the Defendants 4 and 5 as well as 8 had initiated Consolidation Revision Proceeding vide R.C. Case No.15 of 2002 and 247 of 2005 in questioning the consolidation Record of Right in respect of the suit land granted to the Plaintiff.