GANGADHAR DHAL Vs. BATAKRUSHNA DHAL

JUDGEMENT

(1.) Plaintiffs are in appeal against a reversing decision dismissing plaintiffs' prayer for declaration of title in respect of 1/4th share in the suit lands measuring about two acres.

(2.) Krushna (defendant No. 4), Indramani (father of defendants 1 to 3) and Batakrushna (defendant No. 6) are the sons of one Balaram, Plaintiff No. 3 is the widow and plaintiffs 1 and 2 are the issues of one Narahari who died in 1948. Balaram was the intermediary in respect of the suit lands and his estate vested in the State Government in the year 1963, After vesting, within the prescribed period as claim was preferred in respect of the suit lands for settlement of fair and equitable rent under Sections 6 and 7 of the Orissa Estates Abolition Act. Thereafter in pursuance of Revenue Department S.O. No. 14392 dated 2-3-1964 (commonly known as Lease Principles) in which was extended from time to time, Krushna, Indramani and Batakrushna filed Case No. 1025 of 1975 in the year 1970 for lease of the suit lands in their names. Ultimately the O.E.A. Collector by order dated 20-4-76 settled the suit lands in the names of the three brothers Krushna, Indramani and Batakrushna. Then on 4-5-76, the plaintiffs claiming to be the heirs of Narahari filed their objections seeking review of order dated 20-4-76 on the ground that they had 1/4th interest in the suit lands. On 20-2-78, the Additional Tahsildar after review, ordered settlement of the suit lands on both plaintiffs and defendants. Against such order the defendants carried Lease Appeal No. 3 of 1978 before the S.D.O. He allowed the same, thereby confirming the order dated 20-4-1976 passed by the O.E.A. Collector setting the suit lands with the defendants alone.

(3.) On these facts plaintiffs brought the suit for declaration of their title in respect of 1/4th share on the ground that settlement of the lands in favour of the defendants enured to the benefit of all the co-sharers.