BASUDEV PANI Vs. JAGANNATH

JUDGEMENT

(1.) This revision is directed against the order of the Sub-Judge, Kendrapara in T.S. No. 13 of 1981 holding that the suit shall not abate under S.4(4) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (hereinafter referred to as the 'Act'). The Defendant No.2 is the petitioner whose prayer for an order that the suit has abated under S.4(4) of the said Act has been rejected by the impugned order.

(2.) The plaintiff in the trial Court (O.P. No.1 in this revision) filed T.S. No.13 of 1981 in the Court of the Sub-Judge, Kendrapara praying for the following reliefs:-

(3.) The defendant No.2 filed his written statement denying the plaint allegations and asserted that Punananda had adopted defendant No.2 in accordance with law and had executed a registered deed on 22-11-78 acknowledging the adoption. It is further stated in the written statement that the said deed of acknowledgment of adoption is valid on the basis of which defendant No.2 has acquired title to the disputed properties.