(1.) SOUNDNESS of the orders passed by the Consolidation authorities under the provisions of Orissa Consolidation of Holdings and prevention of Fragmentation of Land Act(in short, 'the Act') by Annexures 3,4 and 5 is called in question in the present writ application under Article 226 and 227 of the Constitution by the petitioner.
(2.) AFTER stating pleadings and contentions of counsel for both sides, it is held :
(3.) BEFORE we go to the different aspects of Mohammedan Law and the extension of benefit to a co -sharer we would like to ascertain whether there had been partition or the parties were in ' jointness. The Consolidation Officer in his order has observed as follows :