ABHIMANYU PANDA Vs. DIGAMBAR BEURA

JUDGEMENT

(1.) THIS application under Section 115 of the Code of Civil Procedure is by the Plaintiff whose suit for title possession and other consequential relief has been held to have abated in view of the provisions of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 21 of 1972 (hereinafter referred to as the 'Act') by the learned Munsif.

(2.) DEFENDANT made an application in the trial Court that the appropriate notification under Section 3 of the Act having been issued in respect of the village where the disputed property is located, the suit has to abate. Plaintiff resisted the application by contending that the disputed property being homestead land did not come within the mischief of the statute and, therefore, Defendant's application was liable to be rejected, On an examination of the provisions of the statute, the learned Munsif has come to hold that even homestead land comes within the purview of the Act and, therefore, the present suit has to abate in terms of Section 4(4) of the Act.

(3.) THE Preamble of the Act runs thus: