PARAMANANDA PRADHAN Vs. PALAU SAHU

JUDGEMENT

(1.) The second appeal is by defendants 1 and 2 against a decree of reversal. The suit was for partition of the plaintiff's half share in the raiyati lands described in Schedule A-1 and the Gounti-raiyati lands described in Schedule A-2 of the plaint. Both the items of the suit lands arc situate at village Kusumpal in the former State of Bamra which merged with Orissa and became a part of the district of Sambalpur on January 1, 1948.

(2.) The substantial question of law that arises for consideration in this appeal is whether the Gounti-raiyati lands in the former State of Bamra are the personal property of the Gountia or he ceases to have the right to hold the same on abolition of the village offices.

(3.) In the case of State of Orissa v. Prafulla Kumar Pradhan: ILR 1980 (1) Cuttack 547, a Division Bench of this Court held that the incidence of the tenancy of Gounti-raiyati land is the same as that of the raiyati land and that such lands are the raiyati lands of the Gountia and would continue to remain his property even after he ceases to hold that office. When the present appeal came up before one of us (P.K. Mohanti, J.) correctness of that decision was challenged. The appeal was, therefore, referred to a larger Bench for disposal. That is how the entire appeal has been placed before us for disposal.