CHATURBHUJ MALICK Vs. DEBARAJ KANDI & OTHERS

JUDGEMENT

(1.) In this writ application the petitioners have assailed the order dated 27.3.1991 passed by the Commissioner, Consolidation, Bhubaneswar in Revision Case No.374/1987 under Section 36 of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972, vide Annexure-3.

(2.) Short background involved in this case is that on 21.3.1939 the original owner sold the disputed land by way of registered sale deed no.945 dated 21.3.1939 to Mahani Dei, wife of Balaram Singh. Mahani Dei subsequently sold the disputed land to Mani Dei, second wife of Jagabandhu, vide registered sale deed no.3485 dated 15.11.1950 (Ext.3). It is pleaded that Mani Dei on purchase of the land from Mahani Dei mutated her name in the tahasil record and went on paying rent to the State. In establishing his case, the petitioner in the objection case exhibited the documents, the order passed in mutation case as well as the rent receipts, vide Exts.III, III(A) and III(B). Pleadings of the parties further disclose that Mani Dei, who purchased the land vide registered sale deed dated 15.11.1950, died issueless thereby devolving right over the property purchased in 1950 on the sole survivor of Parvati Dei, daughter of Manik, first wife of Jagabandhu. Said Parvati, being the owner of the land on succession, sold the land to the extent of A.0.18 decimals to Chaturbhuj Malick, the predecessor of the present petitioners by way of registered sale deed dated 16.7.1974. After the sale by way of registered sale deed, the original writ petitioner, Chaturbhuj Malick by virtue of above sale deed, during consolidation operation, filed Objection Case No.4319/1982 for recording his name in respect of A.0.18 decimals of land on the guise of purchase from the rightful owner. Pending decision on the Objection Case No.4319/1982, O.P.1, Debaraj Kandi filed another objection case before the Consolidation Officer registered as Objection Case No.4369/1982 for recording his name in respect of A.0.20 decimals of land on plot no.1157 for having purchased the same vide registered sale deed dated 30.4.1974 from one Batua Singh alleged to be the adopted son of Balaram and Mahani Dei. In filing the Objection Case, Debaraj Kandi also pleaded that the sale deed dated 15.11.1950 having been cancelled subsequently, transaction if any, was taken place in between by Mahani, are all invalid.

(3.) Taking into considering the rival contentions of the parties both the Objection Cases were disposed of, vide Annexure-1 thereby while allowing the same at the instance of the original writ petitioner, the mutation case at the instance of Debaraj Kandi was dismissed. Being aggrieved by the order of the original authority, Debaraj Kandi, O.P.1 filed an appeal registered as Appeal Case No.96/1986 challenging the order involving Objection Case No.4412/1983. This appeal was heard on merit and decided by the final order under Annexure-2 thereby dismissing the appeal involving Objection Case No.4412/1983.