GOLAKH MAHARANA Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) PLAINTIFF is the Appellant against a confirming judgment in 8 suit for declaration of Plaintiff 's right of tenancy and for such other ancillary relief to which the Plaintiff is entitled.

(2.) IT is alleged in the plaint that Ac.1.360 decimals of land in Khata No. 745, plot No. 1395 in mauza -Chandaka was the subject -matter of a lease case bearing Lease Case No. 1040 of 1967 -68 and in the said lease case after complying with all the formalities required under the rules, the appropriate authority directed settlement of the land in favour of the Plaintiff on condition that Plaintiff would pay Salami of Rs. 40.80 paise. On getting certain extension for deposit of said Salami amount, the Plaintiff in fact deposited the Salami and the competent authority on receipt of Salami directed the Amin to correct necessary records and thus the Plaintiff acquired a right of tenancy over the land in question. Thereafter, the Plaintiff has been approaching the revenue authority for grant of Patta and fixation of rent, but the revenue authorities on one plea or the other have not issued any Patta. Though the Plaintiff is still possessing the land and has raised the crop, yet since the Patta was not issued in his favour it was necessary to file the suit in question.

(3.) ON behalf of the revenue authorities, a written statement has been filed stating therein that though Plaintiff applied for lease and paid Salami of Rs. 40.80 paise, yet subsequently on the application of Sabitri Das (Defendant No. 4), the land was settled in favour of said Sabitri Das and Patta was issued in her favour in respect of Ac. 1.00 out of the said land and, therefore, no Patta was issued in favour of the Plaintiff. It was also contended that no tenancy right accrues in favour of the Plaintiff on account of non -grant of Patta in question.