STATE OF ORISSA Vs. DEEPAK KUMAR DAS

JUDGEMENT

(1.) Being aggrieved by judgment and decree passed by learned Civil Judge (Senior Division), Bhubaneswar in T.S. No. 727 of 1998, appellants preferred this appeal.

(2.) Facts of the case relevant for the purpose of adjudication of preliminary question of maintainability of the present appeal are delineated below : The land in dispute was leased out in 1971 by Government of Orissa in favour of one Gopal Chandra Das who is respondent No. 2 herein. The lessee sought for permission of the Government for transfer of the said land in favour of his son Ashok Kumar Das, respondent No. 3. Government, in turn, allowed the lessee to transfer the property in favour of his son provided a sum of Rs. 92,9767- is deposited by the transferee. When the matter stood thus, T. S. No. 727/ 98 was brought by one 'Deepak Kumar Das as plaintiff before learned Civil Judge (Senior Division), Bhubaneswar. The said plaintiff is no other than brother of Ashok Kumar Das and son of original lessee. He prayed for partition of the lease hold property claiming 1/3 interest in the same. However, on the compromise petition filed by the parties jointly, learned Civil Judge decreed the suit in terms of compromise entered into between them.

(3.) Aggrieved by the said decree, State Government represented through the Director of Estate-cum-Joint Secretary, General Administration Department, Orissa Secretariat, Bhubaneswar and the Collector, Khurda brought the present appeal.