RAJU NAIK Vs. SARASWATI NAIK

JUDGEMENT

(1.) Plaintiff is the petitioner. He has filed this revision challenging the order dated 10-2-1993 passed by the learned Subordinate Judge holding the suit and the consequent Title Appeal No. 8 of 1991 pending before him to have abated under Sec. 4(4) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (hereinafter referred to as 'the Consolidation Act').

(2.) The petitioner filed Title Suit No. 90 of 1985 in the court of Munsif, Sonapurto declare the order of Tahasildar, Sonapur in Jhankar Case No. 730 of 1966 as invalid, inoperative, illegal, null and void and without jurisdiction. He also prayed for declaration that his deceased father Manu Naik @ Jhankar was alone entitled for settlement of the suit lands on raiyati status and after him, he alone is entitled to succeed to the suit properties. Alternatively he prayed that in the event of acceptance by the court that the settlement of the suit lanes with raiyati status in the name of Gunja Jhankar as valid, the same maybe partitioned and half of it may be allotted to him. His case is that the suit lands were service tenure lands originally enjoyed by Netra Jhankarin lieu of performing the duty of Jhankar in village Lachhipur. The father of the petitioner was the son-in-law of said Netra. As Netra had no male issue, petitioner's father Manu Naik remained in Netra's house as illatom son-in-law. After the death of Netra, petitioner's father continued to perform the duty of Jhankar and remained in possession of the suit lands. As a result of coming into force of the Orissa Offices of Village Police (Abolition) Act, 1964 all service tenure lands vested in the Government and such lands were settled with occupancy rights on the persons who were found to be in possession of the lands on the appointed date. After the death of his father the petitioner and his mother Ukia Naik remained in possession of the suit lands. It is the allegation of the petitioner that although his father was performing the duties of Jhankar and was in possession of the suit lands on the appointed dale, the Tahasildar, Sonepur in Jhankar Case No. 730 of 1966 in violation of the statutory provisions of the Orissa Offices Village Police (Abolition) Act, 1964 settled the suit lands in favour of Gunja Jhankar (the first wife of Netra Jhankar). Taking advantage of such order passed by the Tahasildar, the opposite party claiming to be the only legal heir of deceased Gunja started trouble with the petitioner's peaceful possession over the suit lands and attempted to dispossess him. On the aforesaid allegations, he filed the suit claiming the reliefs as stated above.

(3.) The case of the opposite party (defendant) is that after the death of Netra Jhankar, his widow Gunja rendered the service of village Jhankar and remained in possession of tie suit lands until the village police system was abolished as per the provisions contained in Onssa Offices Village Police (Abolition) Act, 1964 and the Tahasildar, Sonepur in due exercise of the powers conferred on him under be aforesaid Act settled the suit lands on raiyati basis in favour of Gunja who in turn on 10-9-1970 gifted away the suit lands in his favour by executing a registered gift deed. Hereafter the opposite party mutated the suit Puds in her name and remained in possession if the same as the true owner thereof. The Amative relief claimed in the suit was also disputed by the opposite party on the ground that the petitioner being the son of Manu Naik through his wife Ukia who was no way related to Gunja was not entitled to any share in the suit lands.