STATE OF ORISSA Vs. SABITAMAYEE SINGH

JUDGEMENT

(1.) THIS appeal has been filed by the State of Orissa & Ors. assailing the Judgment dated 12.7.2007 & decree dated 25.7.2007 respectively passed in Money Suit No. 97 of 1993 -111 by the Learned Civil Judge (Senior Division), Nayagarh dismissing the said suit filed by the Appellants as Plaintiffs. It is necessary to trace out the history of the litigation in order to appreciate the facts involved in this appeal, which are as follows: -

(2.) THEREAFTER , the Appellants filed a Suit, being M.S. No. 97 of 1993 -III with the following prayers: -

(3.) THE Defendants - Respondents, in their written statement, pleaded that the suit is not maintainable being barred by limitation & the Plaintiffs are estopped from saying that Rani Saubhagyamanjari Devi was not the owner of the schedule property since the said question has been decided at various forums/stages that Rani is the owner of the schedule properties till acquisition of the land in the year 1976 inasmuch as land revenue has been paid regularly to the Government & the compensation amount has also been paid after making full enquiry by the concerned authority in the land acquisition proceeding, in which due proclamation was issued inviting objection admitting that advance possession of the suit land was taken on 01.06.1948 with consent of the Rani admitting ownership & possession of the Rani.