BAMADEV SWAIN Vs. SUNAKAR SWAIN

JUDGEMENT

(1.) THIS application in revision by two of the defendants is against the adverse order passed by the trial Court on the application for recording an order of abatement of the suit under Section 4(4) of the Orisaa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972.

(2.) THE case of the plaintiff is that he acquired half of the suit lands in a partition suit, but during the recent consolidation operation he came to know that defendant No. I had sold the entire plot No. 2269 to defendant Nos. 2 and 3 who also got their names recorded in respect of the said plot.

(3.) LEARNED Advocate appearing for the plaintiff -opposite party wanted to wriggle out from the ratio of these authorities by making a submission that the nature of the land itself was non -agricultural, i. e., homestead, and thus, the land was non -consolidable. Thus, outside the mischief of the Act and, therefore, the suit Was maintainable in the Civil Court.