BISWANATH PADHI Vs. TAHASILDAR

JUDGEMENT

(1.) THIS application arises out of a proceeding initiated under the Orissa Land Reforms Act, 1960.

(2.) UNDISPUTEDLY , the petitioner is a Bhag tenant under Rajkishore Thumba, opposite party No. 4, within the meaning of Section 2(31) of the Orissa Land Reforms Act (for short 'the Act'). Opposite party No. 4 had instituted the proceeding against the petitioner before the Tahasildar own -Revenue Officer, Athagarh, (opposite party No 1) tor recovery of the arrears of rent from 1966 -67 to 1968 -69. The defence of the petitioner was that he had already paid the rent upto 1968 and the money order sent for the subsequent years had been refused by opposite party No. 4. However, in the proceeding the parties arrived at a compromise, and from the order dated 9 -5 -1972 it appears that the petitioner agreed to pay the arrear dues at the rate of six parties per acre and further agreed to clear up the dues in two instalments within a month from the date of the order, the first instalment was to be paid within fifteen days.

(3.) THIS Court while issuing notice of motion on 17 -11 -1980 directed maintenance of status quo as obtaining on that day and the case of the petitioner is that he is still continuing in possession of the disputed lands.