LAWS(ORI)-2007-6-49

KASINATH BEHERA Vs. COMMISSIONER OF CONSOLIDATION

Decided On June 18, 2007
Kasinath Behera Appellant
V/S
COMMISSIONER OF CONSOLIDATION Respondents

JUDGEMENT

(1.) THE contesting parties in these two OJCs as also the facts and points of law involved therein being the same, both the OJCs were heard analogously.

(2.) THE petitioner who is same in both the OJCs challenge the orders dated 20.5.1993 passed by the Commissioner of Consolidation, Bhubaneswar in Consolidation Revision Nos.1124 and 1125 of 1991 dismissing the same, mainly on the ground that the said revisional authority neither properly appreciated the facts nor the law involved in the cases and, as such, the same cannot be sustained.

(3.) ACCORDING to the learned counsel for the petitioner the revisional authority lost sight of the fact that in a Rent Execution Case, the sale in question was set aside and the petitioner had been directed to deposit the decretal amount.