KANAKA BARIKANI Vs. CHANDRA SEKHAR MAHAPRABHU

JUDGEMENT

(1.) Defendant No. 1 (a/1) is the appellant against a reversing judgment.

(2.) Plaintiff, the deity Sri Chandra Se-khar Mahaprabhu represented by the trustee Sri Chaitanya Das, filed the suit, for recovery of possession and for mesne profits with respect to the land covered by T. D. No. 129 on the averment that the deity is the owner of the land and Bairagi Das was the last previous trustee who was cultivating the lands under khas cultivation. After Bairagi, Chaitanya Das continued as the trustee. During survey operation for issue of Patta and fixation of rent, the defendants tried to put forth a fictitious claim and produced some sale deed alleged to have been executed by one Nilapu Kantaru. Nilapu Apudu and others. In the detailed enquiry conducted by the Assistant Settlement Officer, deity's title was declared and the Assistant Settlement Officer further held the defendants to be trespassers. On account of such trespass, the plaintiff had filed the suit. By way of amendment, an additional relief was asked for to the effect that the notification dated 30-9-1965 published in the Orissa Gazette on 1-10-1965 under the provisions of the Orissa Estates Abolition Act did not apply to the suit land as the suit land is not an 'estate' as contemplated in the said Act.

(3.) In the written statement filed by the defendants, the averments in the plaint were denied and further it was asserted that the defendants had perfected their title by remaining in continuous possession over the statutory period.