SAMBHURAM MANDAL Vs. COLLECTOR, KENDRAPARA AND OTHERS

JUDGEMENT

(1.) This appeal is by the plaintiff.

(2.) The case of the plaintiff is that he is a Bengali, migrated from Medinapur, West Bengal with his family and settled at Jamboo since 1949 along with many other persons with the verbal permission of the employees of Kujanga estate. After the introduction of Act-1 of 1948, the Kujanga estate authority could not lease out the suit land to the plaintiff and others. Pursuant to the report dated 16.04.1949 of the Collector, Cuttack, enquiry by the Asst. Conservator of Estate dated 17.1.50 and final report of the Collector, Cuttack, the Govt. released Ac.200.00 land for reclamation and lease out the same by ex-intermediary. Thereafter, the ex-intermediary on consideration of the application of the plaintiff in Lease Case No.125 of 1355-56 leased out the suit land in his favour for cultivation on payment of Rs.16/13/- and pathakar rent Rs.1/1/3 per year. The suit land was demarcated by an Amin. The plaintiff is in peaceful possession of the same and used to pay rent and obtain rent receipts. After vesting, the rent roll was submitted by the ex-intermediary to the State in favour of the plaintiff in the year 195 Since 1952 till date the Revenue Inspector received rent. The settlement authority recorded the name of the plaintiff in yadast. A certificate case was filed by the Tahasildar, Marshaghai demanding penalty in encroachment case. As the suit land was attached in the said case, he was compelled to pay the outstanding dues. After payment, he came to know about the Encroachment Case No.1415 of 68-69 was initiated and penalty was assessed. For realization of the outstanding dues, the Certificate Case No.262 of 1985 was started. He has acquired occupancy right over the suit land. He is a settled raiyat of the village. Thus the encroachment proceeding and certificate case are null and void. With this factual scenario, the plaintiff filed the suit seeking declaration to confirm the occupancy right and for a direction to the defendant no.3 to adjust the dues collected from him towards rent after fixing the rent.

(3.) The defendant no.2 and 3 filed a written statement denying the assertions made in the plaint. The case of the defendants is that after Orissa Estate Abolition Act came into force the estate vested in 1952. No ekpadia was submitted by the exlandlord in favour of the plaintiff. In the ROR published in the year 1968, the suit land was recorded as Rakhita Anabadi under khata no.169. Thereafter, Encroachment Case No.1415/68-69 was initiated against the plaintiff. The plaintiff admitted the encroachment. He paid penalty of Rs.457.84. The plaintiff has no title over the suit land.