PITTA SEETHAMMA AND ORS. Vs. RAMACHANDRA MAHAPATRA

JUDGEMENT

(1.) PLAINTIFFS have appealed against the reversing judgment and decree of the learned Subordinate Judge of Berhampur in a suit for declaration that they are occupancy raiyats of the disputed property with heritable rights and for a perpetual injunction restraining the Defendant from interfering with their possession and demanding any dues from them in a pending proceeding under the Orissa Land Reforms Act.

(2.) THE disputed property is located within the ex -Estate of Chikiti in the district of Ganjam and once upon a time was an Inam. The Inam -Estate vested in the State of Orissa under the provisions of the Orissa Estates Abolition Act of 1951. Plaintiffs claim that the proprietor of the Chikiti Estate had granted Inam of the Maleveram interest only and the Kudivaram was vested in the ten ants. Under the provisions of Section 6 of the Madras Estates Land Act of 1908, the tenants had the stands of occupancy raiyats under the Inam holders. V/hen the Inam -Estate vested, the Inamdars' right, title and interest in the property got abolished. Under the provisions of Section 8(1) of the Orissa Estates Abolition Act, the status of the tenants was not disturbed. The Defendant appears to have made an application under Section 8 -A of the Abolition Act and obtained a fraudulent settlement with him which cannot take away the tenancy right of the Plaintiffs. Taking advantage of the fraudulent settlement, the Defendant has instituted proceedings under the Orissa Land Reforms Act treating the Plaintiff tenants as Bhag Chasis under him. Plaintiffs, therefore, sued for declaration of their occupancy status.

(3.) THE learned Munsif came to hold that the Plaintiffs had occupancy right and the same was not to be disturbed under the provisions of the Abolition Act. Accordingly he decreed the suit and declared the Plaintiffs to be occupancy tenants of the property and restrained the Defendant from interfering with their possession.