NIMAI CHARAN SWAIN Vs. COMMISSIONER OF CONSOLIDATION

JUDGEMENT

(1.) ALL these four Writ applications involve same facts and points of law and, as such, the same were heard together and are disposed of by this common judgment.

(2.) THE petitioner seeks to assail the common order dated 10th September, 1999 passed by the Commissioner of Consolidation, Orissa, Cuttack in Revision Case Nos. 1453, 2028 and 1416 of 1981 and 1062 of 1982. The said Revision Cases were preferred under Section 36 of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (hereinafter referred to as 'the Act'). The dispute relates to lands situated in village Sukarpada under Salipur P.S. in the district of Cuttack. The petitioner, it is asserted, succeeded before the Consolidation Officer, the original authority, and also before Deputy Director of Consolidation, the appellate authority. The orders of the said authorities were assailed before the Commissioner in Revision Cases. The Commissioner set aside the orders of the lower authorities and reversed the findings.

(3.) IN order to appreciate the inter se dispute among the parties, it would be prudent to glance through the genealogy of the parties. One Giridhari was admittedly the common ancestor of the parties. He had five sons, namely, Surendra, Gajendra, Upendra, Mahendra and Nagendra; and two daughters, namely, Surjyamani and Chandramani. Surendra, the first son of Giridhari had no issue and he had adopted opposite party Bishnu. Similarly Gajendra had no issue through his first wife Ulluchha. Therefore he had adopted Nimai (petitioner in all these Writ applications), who was son of Surjyamani, Gajendra's sister. Thereafter Gajendra married one Sulochana for the second time and through Sulochana Gajendra had one son, namely, opposite party Chittaranjan who was given in adoption to Mahendra. After death of Sulochana, Gajendra married opposite party Basanta for the third time. Through Basanta Gajendra had two daughters, namely, opposite party Jayanti and opposite party Damayanti. Said Basanta, Jayanti and Damayanti are the three contesting opposite parties in these Writ applications. According to them as Nimai's adoption was not in accordance with law, they are entitled to the entire share of Gajendra in the disputed property. Upendra, the third son of Giridhari, adopted opposite party Kunja Behari who happens to be the son of Chandramani, daughter of Giridhari. Thus, it appears that all the four sons of Giridhari, namely; Surendra, Gajendra, Upendra and Mahendra had adopted Bishnu, Nimai, Kunjna and Chittaranjan, respectively. Out of aforesaid four adoptions in the family, Nimai and Kunja Behari are the sons of sisters of Gajendra and Upendra, namely, Surjyamani and Chandramani.