KRUSHNA CHANDRA NATH Vs. KULAMANI MOHAPATRA AND ORS.

JUDGEMENT

(1.) THE dispute is with regard to the lands appertaining to Sabik Plot No. 997 measuring an area of Ac. 0.25 decimals and Sabik Plot No. 1021 measuring an area of Ac. 0.32 decimals out of Sabik Khata No. 456 corresponding to L.R. Khata No. 926 comprising of Plot No. 1395 measuring an area of Ac. 0.32 decimals and L.R. Plot No. 1183 measuring an area of Ac. 0.27 decimals situated at Village Aagapal, P.S. Tirtol in the district of Jagatsinghpur. The lands were admittedly part and parcel of the intermediary State of one Sukadev Mohapatra.

(2.) IN course of hearing it is submitted that Kulamani Mohapatra -opposite party No. 1 has expired in the meanwhile. But then because of the order this Court proposes to pass, substitution is felt not necessary at this stage.

(3.) IT is pertinent to mention here that before the Consolidation Officer the Petitioner had failed to file the "Hata Pata" in favour of his vendor Karunakar Nanda. The Tenants' Ledger also did not contain the name of Karunakar. On the basis of such facts, the Consolidation Officer came to the conclusion that Karunakar had absolutely no right, title or interest over the disputed land and as such the sale deed executed in the year 1972 was invalid and no right passed to the Petitioner. On the basis of such finding the Consolidation Officer dismissed the Objection Case.