LAWS(ORI)-1977-2-5

GOPINATH JEW Vs. RAHAS MOHANTY

Decided On February 23, 1977
GOPINATH JEW Appellant
V/S
RAHAS MOHANTY Respondents

JUDGEMENT

(1.) THE plaintiff, a deity, has preferred this appeal through its alleged trustee against the reversing decision of the court below. The plaintiff-appellant lost its claim of possession over the suit lands in a proceeding under Section 145, Cr. P. C. against the defendant-respondent. So the plaintiff has filed this suit for declaration of its title to and recovery of possession of the suit lands.

(2.) IN this suit the plaintiff contends that the defendant is not a Bhag tenant under the plaintiff in respect of the suit lands. The defendant's father was a bhag tenant of the said lands till his death, but after his death the plaintiff took possession of the suit lands. The defendant has no right to succeed to the aforesaid interest of his father in the suit lands and so he cannot claim possession of the suit lands on that basis.

(3.) THE defendant claims that as per the Nayagarh Tenancy Law, his father was the occupancy tenant in respect of the suit lands, and as that right is heritable the defendant is continuing in possession of the suit lands on that right.