PANCHANANA BEHERA Vs. STATE OF ORISSA AND ANOTHER

JUDGEMENT

(1.) This is a plaintiff's appeal against reversing judgment. The suit was for declaration of title and correction of ROR.

(2.) The dispute pertains to an area of Ac.0.62 dec. and 5 kadis out of Ac.47.63 dec. appertaining to Hal Khata No.1167, Plot No.3652/4108 of Mouza-Jamudiha in the district of Balasore. The kissam of the land is jungle.

(3.) The case of the plaintiff is that the suit land originally belonged to Shri Shri Jagannath Jew bije Nijagad Nilgiri. Rani Indira Devi was the marfatdar of the deity. She leased out the suit land to the plaintiff in the year 1964 for a period of five years. The status of the land is jungle. He reclaimed the suit land and raised paddy crops. He used to pay rent to the marfatdar. The estate vested in the State in 1967. Thereafter, he paid rent to the State. It was further pleaded that on the date of vesting, he was in possession of the land as a leasee and acquired raiyati right. He is a settled raiyat of the village and as such, became the occupancy raiyat. The settlement authority wrongly recorded the land under Rakhit khata.