MOHAMMAD NAKIR Vs. HASRATUNNISA BIBI

JUDGEMENT

(1.) PLAINTIFF is in appeal against the affirming judgment and decree of the learned Additional Subordinate Judge of Cuttack in a suit for partition of A and B schedules property and allotment of a share to the plaintiff out of it. The trial Court decreed the suit in part, but refused to grant relief in respect of 20 decimals of land appertaining to plot No. 644 title to which plaintiff claimed under a deed Ext. 9 dated 23-5-1963. The lower appellate Court has upheld the decree.

(2.) AT the hearing of the appeal, Counsel for the respondent claims that there has already been a notification under Section 3 (1) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act of 1972 (Orissa Act 21 of 1972) (hereinafter to be referred to as the Act) in regard to properties located in village Manatir and, therefore, the appeal has to abate. There is no dispute that under Notification S. R. O. No. 749/73 dated 6th of August, 1973 issued by the Revenue Department of the State Government and published in the Gazette of August 10, 1973, the Notification in question has been made and at page 9 thereof under Item No. 91 village Manatir has been mentioned. Sections 3, 4 and 7 of the Act provide: