KANHEI CHARAN DAS Vs. RAMAKANTA DAS

JUDGEMENT

(1.) Common order dated 19.8.1983 passed by the Consolidation Officer, Simulia, in objection case nos.1045/82 and 1121/82 (Annexure-1) and the confirming order dated 13.1.1995 (Annexure-2) passed by the Additional Commissioner, Settlement and Consolidation, Bhubaneswar in consolidation revision case no.394 of 1993 are the subject matters of challenge in this writ application.

(2.) The undisputed facts are that the case land appertaining to Sabik Plot nos.792, 796 and 789 measuring total area of Ac.0.40 under Khata No.66 was the ancestral land of Krutibas Das and stood recorded in his name. After the death of Krutibas and his wife, the property devolved on his two sons, namely, Banamali and Ramakanta as joint owners thereof, both having 50% share each. Ramakanta being a minor was being looked after by his major brother-Banamali, who was managing the joint family properties including the undivided interest of Ramakanta. By registered sale deed dated 18.6.1975 Banamali sold the entire disputed land of 40 decimals on behalf of himself and also as brother guardian of Ramakanta in favour of one Agani Dash. Agani in his turn sold the disputed land to one Sanatan and the present petitioner Kanehei by registered sale deed dated 26.7.1977 and 1.12.1983.

(3.) During the consolidation operation, the disputed land was recorded as plot no.696-Ac.0.40 under consolidation Khata No.103 in the name of Sanatan Dash and petitioner- Kanhei. Ramakanta, the present opposite party no.1, filed objection case no.1045/82 claming to record his half share in the disputed land in his name on the ground that his brother- Banamali had no right to alienate his share. Another objection case bearing no.1121of 1982 was filed by petitioner Kanhei to delete name of Sanatan Dash, on the ground that he has sold his entire share in the disputed land in his favour.