JANHA DEI Vs. STATE OF ORISSA AND ANOTHER

JUDGEMENT

(1.) This is a plaintiff's appeal against reversing judgment in a suit for declaration of right, title, interest and permanent injunction.

(2.) The case of the plaintiff is that the suit land originally belongs to one Chandnama Devi, mother of defendant no.3. After her death, her son, defendant no.3 succeeded to the property. To meet his legal necessities, defendant no.3 sold the suit land along with other lands to one defendant no.4 in the year 1969 and received valid consideration. Possession was duly delivered to the vendee. The defendant no.4 was in possession of the land. At the time of alienation, the defendant no.3 was residing at Bhubaneswar. He could not execute the sale deed in favour of defendant no.4. On 8.5.1980 he executed a registered sale deed in favour of defendant no.4. In the year 1984 defendant no.4 sold the suit land to the plaintiff by means of a registered sale deed no.897 dated 14.5.1984 for a valid consideration and delivered possession to him. Since then the plaintiff is in possession of the suit land and paying rent to the defendants. Thereafter the plaintiff applied for mutation before the Tahasildar, Hindol-defendant no. But then the Tahasildar refused to mutate the said case on the ground that the suit land was included in the ceiling proceeding initiated against defendant no.3 under the O.L.R. Act, which was sub-judice. The R.I. threatened the plaintiff to dispossess, where after he instituted the suit seeking the relief mentioned supra.

(3.) The defendants 1 and 2 filed written statement denying the assertions made in the plaint. The case of the defendants is that a ceiling proceeding was initiated against defendant no. The suit schedule land was the subject matter of dispute in the ceiling surplus proceeding. The case was sub-judice. Thus, execution of sale deed was invalid and inoperative.