KASINATH BEHERA .DEAD Vs. COMMISSIONER OF CONSOLIDATION

JUDGEMENT

(1.) These two intra-Court appeals have been filed against the common judgment and order dated 18.06.2007 passed by the learned Single Judge in OJC No. 9404 of 1993 and OJC No. 1757 of 1995. As the facts and points of law involved in both the appeals are analogous, they were heard together and are being disposed of by this common judgment.

(2.) The factual matrix of the case, in a nutshell, is that the properties in dispute in both the appeals originally stood recorded in the name of Agani Biswal and Banchha Biswal in the 1928 settlement with 'stitiban' status. The said lands were part and parcel of intermediary estate of Emar Math of Puri. By two registered sale deeds dated 04.05.1935 and 07.03.1938, the said properties were sold by Agani and Banchha in favour of Sudam Behera and Khudei Behera. After demise of Sudam and Khudei, their legal representatives and successors remained in peaceful possession of the said properties. Some of those legal representatives alienated the said properties in favour of Kasinath and Manguli Behera (the deceased husband of respondent no.6- Paramani Behera). After their purchase, Kasinath and Manguli possessed the said properties by constructing their residential houses and started residing there.

(3.) When the matter was thus stood, the intermediary, i.e. Mahant Maharaj of Emar Math, due to non-payment of rent in respect of the said properties, filed Rent Suits before the Rent Officer, Puri, which were registered as Rent Suits No. 1265 of 1959- 60 and No.1962 of 1959-60 for realization of arrear rents against Dharmu Behera and Bali Behera, the legal representatives and successors of the original tenants. Both the rent suits were decreed and thereafter Execution Cases No. 1180 of 1963-64 and No.1231 of 1962-63 were initiated before the Rent Execution Officer, Puri. The present appellant filed two separate applications in those two execution cases under Section 228(2) of the Orissa Tenancy Act praying to set aside the aforesaid sales, which were allowed by orders dated 10.10.1968 and 16.09.1968. Consequentially, the sales were set aside, but then the Rent Execution Officer directed the appellant to deposit the entire rent decreed in the aforesaid two Rent Suits and in compliance with that direction, the appellant deposited the same on 03.01.1968. The appellant then applied for mutation of the disputed properties before the Tahasildar, Kakatpur, which was registered as Mutation Case No. 625 of 1984 and after observing all formalities, the Tahasildar recorded the disputed lands in the name of the appellant and corrected the ROR accordingly.