HAREKRUSHNA SAMAL Vs. SURYAMANI BEURA

JUDGEMENT

(1.) A .S.NAIDU, J. : 1.The order dated 21.6.1995 passed by Commissioner, Consolidation, Board of Revenue, Orissa, Cuttack in Revision Case No.515/1990 is assailed in this writ application. The said revision petition was filed under Section 36 of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (hereinafter called the O.C.H.P.F.L. Act). After village Begulipada came under consolidation, Land Register was prepared and the disputed land was recorded in favour of opposite party No.1, Suryamani Beura.

(2.) THE land in question originally belonged to one Madan Samal. For the sake of convenience and better understanding, the genealogy of the joint family is given herein below:

(3.) THIS submission is strongly repudiated by the Mr. Ray, learned counsel for opposite party No.1. According to him there was severance of joint family status and there was a partition by metes and bounds. Consequent upon such partition sale deeds had been executed in the years 1961 and 1975 by favour different members of the family and as such the Commissioner had rightly set aside the concurrent orders passed by the Consolidation Officer and Deputy Director, Consolidation.