(1.) This appeal has been directed against the judgment and decree passed by the learned Additional District Judge, Nabarangpur in R.F.A. No. 22 of 2003 confirming the judgment and decree passed by the learned Civil Judge (Sr. Division), Nabarangpur in Title Suit No. 18 of 2000.
(2.) The appellants as the plaintiffs had filed the above noted suit setting aside the orders passed in the proceedings under Odisha Scheduled Area (Transfer of Immovable Property) Regulation, 1956 (hereinafter in short called, as Regulation-II of 1956) in OSATIPR Case No. 51 of 1998, 207 of 1998 and 208 of 1998 on 29.12.1999 and 25.01.2000 respectively by the Sub-Collector, Nabarangpur and for declaration of their title over the suit land.
(3.) The defendant contested the suit. He claims that his father namely, Govinda had purchased the suit land from Lachman, the only son of the original recorded tenant Kuladhar and Lakhmu, the original plaintiff No. 1 in the year 1955 by registered sale-deed and since then he was in possession of the same. Thereafter when the plaintiffs forcibly dispossessed the defendant, the proceedings under the Regulation-II of 1956 were initiated, wherein orders of restoration of the possession of the suit land have been passed and he has got the delivery of possession of the suit land pursuant to those orders. It is alleged that in spite of those orders since the plaintiffs again created disturbance in the peaceful possession of the suit land, a proceeding under Section 145 of Cr. P.C. was initiated and the land has been attached. It is his case that the order in Title Suit No. 09 of 1971 is not binding on him as he was not a party to it and there was never any physical delivery of possession of the suit land to the plaintiff No. 1 in any execution proceeding arising out of the suit at any point of time. The defendant further claims to have been paying rent to the State regularly being the absolute owner of the suit land.