BIMBADHARA PRADHAN Vs. BHRAMARABAR MOHANTY AND ANOTHER

JUDGEMENT

(1.) Defendant no.1 is the appellant against a confirming judgment.

(2.) Plaintiff-respondent no.1 instituted the suit for permanent injunction. The case of the plaintiff was that the suit schedule property is a joint family property of the plaintiff and the defendant no.2. The suit property was recorded in their names in the consolidation ROR. The same had not been partitioned by metes and bounds. Defendant no.1 managed to obtain the sale deed from defendant no.2. The sale is in contravention of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act ('OCH and PFL Act') and as such void.

(3.) Defendant no.1 filed a written statement. It was pleaded that there was an amicable partition of the suit property between the plaintiff and defendant no.2 after publication of the consolidation ROR. Defendant no.2 was in possession of Ac.0.173 dec. out of Ac.0.346 dec. of land. Defendant no.2 transferred his land in favour of defendant no.1 by means of a registered sale deed dated 08.10.1993 for a valid consideration. Notification under Sec. 41 of the OCH and PFL Act had not been issued on the date of execution of the registered sale deed. Therefore, the provision of Sec.32 and 34 of the OCH and PFL Act shall not come into play. The suit property is more than one acre of land and as such, the same cannot be termed as 'fragment'.