SATHA KUMAR DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) Plaintiff is the appellant against a confirming judgment in a suit for correction of Major Settlement Record of Right.

(2.) The case of the plaintiff is that one Suresh Chandra Fullonton was the recorded owner of the suit land. He purchased the same from Suresh Chandra Fullonton by means of a registered sale deed dated 18.3.1975. He used to pay rent to the Government. During Major Settlement operation, the suit land was wrongly recorded as "Abadajogya Anabadi" with his note of possession. He could not take steps before the Settlement Authorities for recording of the land in his favour. He is in possession of the land. With this factual scenario, he instituted O.S.No.64 of 1991 in the court of learned Sub-Judge, Balasore, which was transferred to the court of the learned Additional Civil Judge (Sr.Division), Balasore and renumbered as T.S.No.66 of 1995-I/64 of 1991 seeking the relief mentioned supra.

(3.) Pursuant to issuance of summons, the defendant entered appearance and filed written statement denying the assertions made in the plaint. The specific case of the defendants is that the suit land is a Government land. The plaintiff has no right, title and interest over the same. The vendor of the plaintiff has no title over the suit property and, as such, sale is illegal.