RAMACHANDRA DAS Vs. BENUDHAR DAS AND ORS.

JUDGEMENT

(1.) THE short question, often not free from difficulty that arises for consideration in this revision petition is whether the suit is liable to be dismissed as not maintainable under the provisions of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (for short the 'Act '). The trial court having answered the question in the ' affirmative, the Plaintiff has challenged the order in this application under Section 115 of the Code of Civil Procedure.

(2.) THE Petitioner Ram Chandra Das and one Laxmidhar @ Laxman Chandra Das both sons of Had Das, filed Original Suit No. 209 of 1982 -1. against the opposite parties for declaration of title to the suit land, for confirmation of their possession over the same or in the alternative for recovery of possession if found to be dispossessed by the Defendants during pendency of the suit and for permanent injunction restraining the Defendants not to come upon the suit land.

(3.) THE Defendants in their counter affidavit denied the claim of the Plaintiffs. They denied that Gopi and Banchha partitioned the suit property; that each was possessing different portions of the suit land; that Banchha had sold his interest in the suit property to, Gopi for Rs. 16/ - and that the Plaintiffs have exclusive title and possession over the suit property. They however admitted that the suit land was a part of their homestead and was being used by, both (the branches as their bari land. According to the Defendants, the property was in their possession jointly with the Plaintiffs and the Deputy Director, Consolidation, on due and proper appreciation of the facts of the case, accepted their claim to the suit property. On these averments the Defendants have prayed for dismissal of the suit.