BANAMBAR TRIPATHY Vs. COLLECTOR GANJAM

JUDGEMENT

(1.) This revision is directed against an order of the trial Judge directing abatement of the suit under S.4(4) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972.

(2.) The petitioner instituted a suit for a declaration that the encroachment proceeding started by the Tahsildar, Aska was illegal and for recovery of Rs.100/- as damages for the tortious acts of the second defendant.

(3.) The trial Judge being of the view that the suit involved adjudication of question of title directed abatement of the suit.