MAYADHAR BHUYAN Vs. GAJENDRA SATPATHY

JUDGEMENT

(1.) THIS is a statutory revision under Section 11 -A (6) of the Orissa Tenants Relief Act, 1955 (hereinafter referred to as 'the Act ') as amended in the year 1962.

(2.) CLAIMING to have relationship of tenant with the opposite party Petitioner filed an application under the Act prior to its amendment in the year 1962. After the amendment, the second appellate authority remitted the matter back to the original forum by his order dated 11 -9 -1971 in Second Appeal No. 12 of 1968. After remand, the case was re -beard and in the original forum the Petitioner became successful ex parte. When the opposite party moved for recalling the ex parte order the same was allowed and on hearing the claim of the Petitioner to be a bhagchasi was rejected. Petitioner preferred an appeal before the Additional District Magistrate who allowed the appeal. Opposite party preferred second appeal under Section ll -A (5) of the Act which was dismissed. However, opposite party filed an application for review which was allowed by the second appellate authority. Aggrieved by the order of review, this civil revision has been filed.

(3.) IN view of the discussion made above, the impugned order being not an order under Section 11 -A (5) of the Act, the civil revision is not maintainable. In this view of the matter Mr. A.K. Mohapatra, the learned Counsel for the Petitioner prayed to withdraw this Civil Revision for availing the opportunity of seeking remedy in appropriate forum. The Civil Revision is permitted to be withdrawn and as such is dismissed as withdrawn. No costs.