PANU BEHERA Vs. BHRAMARA BARIK AND ORS.

JUDGEMENT

(1.) DEFENDANT No. 1 has preferred this appeal against the decision of the Additional District Judge, Puri in Title Appeal No. 72/61 of 72/71 confirming the decision of the trial Court in O.S. No. 48/68.

(2.) THE suit lands are in three plots, and in the Record -of -Rights prepared in the year 1939 these lands are shown as Bari lands recorded in the name of Baja Behera and Bhagi Behera who are shown as sikimi royats of these lands. Defendants 1 and 2 are respectively the son and nephew of Baja and Bhagi.

(3.) ACCORDING to the Defendants, Bhagi, one of the sikimi tenants in respect of the said lands was in possession of the said homestead lands till his death in the year 1947 J and so by that time he had acquired occupancy right in the said lands as per the provisions of Section 236 of the Orissa Tenancy Act. After the death of Bhagi, Defendant No. 1 and Defendant No. 2, being respectively the adopted son and nephew of Bhagi, acquired occupancy royati right in respect of the said lands. They further assert that Baja and Bhagi were all along in possession of the suit lands and after the death of Bhagi in the year 1947 the Defendants, having inherited the suit lands with occupancy royati right over the same, are continuing in possession of the same in the same right.