CHAMPABATI DEVI Vs. DURYODHAN SWAIN

JUDGEMENT

(1.) THIS appeal is directed against the order dated 23rd September, 1986 passed by learned Sub -ordinate Judge, Khurda in Title Appeal No.6 of 1985 confirming the judgment and decree of learned Munsif, Khurda in O.S. No.150 of 1978 (I).

(2.) THE appellant as plaintiff filed O.S. No.150 of 1978(1) in the Court of Munsif, Khurda seeking the following reliefs:

(3.) DEFENDANT -respondent while denying the entire allegation of the plaintiff -appellant pleaded inter alia that he is a tenant over Ac.0.370 decimals of land under he appellant and that the said fact was confirmed by the local Revenue Inspector, who conducted an inquiry and also by Jagannath Prasad Dasapuria, who is the son and general power of attorney holder of the appellant. He claimed that notice was never suppressed and the Revenue Officer scrupulously followed the relevant provisions of the O.L.R. Act. He also denied any collusion with the son of the appellant. In addition to these pleadings, the respondent challenged the maintainability of the suit on the ground that in view of Section 67of the O.L.R. Act, the Civil Court has no jurisdiction to entertain or try the suit.