SRI SRI CHANDRASEKHAR SWAMY THAKUR Vs. BAIDHAR PANDA

JUDGEMENT

(1.) THIS is a Plaintiff's appeal against the reversing judgment of the Agency Subordinate Judge, Jeypore, dismissing his suit on the ground that it was no cognizable by the Civil Court. The material facts are as follows: The Plaintiff is a deity situated in village Karini within Gunupur taluk of Koraput district and was represented by its trustee Simhadri Sahu. The deity owns some lands in the village which were let out to the Defendant on condition that the paid an annual rent of Rs. 100/ -. As the rent was not paid the suit was brought for the years 1943 and 1944 and the total claim including interest etc. was laid at Rs. 215/8/ -. The suit was decreed, in the first instance, by the Principal Agency Munsif of Gunupur and was taken up on appeal before the Agency Subordinate Judge who on 2 -9 -48 remanded it for rehearing after framing the following two important issues:

(2.) IF so, has the Civil Court jurisdiction to try the suit?

(3.) THE Inam Commission did not make any investigation about the inam tenures in Koraput district and consequently there are no title deeds to prove the terms of the pre -settlement inams in Jeypore estate. The following extract from the Gazetteer of Koraput district (1945 edition) p. 140 may be read in this connection.