SUDAM CHARAN PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE facts and points of law in all these Writ applications being the same, the same were heard together.

(2.) THE dispute is with regard to the properties owned by one Bhagaban Panda, the common ancestor of the contesting parties. Madani was the wife of.Bhagaban. They had three daughters being Sakhi, Malati and Tulasi. Bhagaban died way back in the year 1912 and his wife Madani died in the year 1926. Thus in consonance with the Hindu Law, the entire property was inherited by the aforesaid three daughters. Sakhi had one son namely Nabakishore Panda who was originally opposite party No. 7 in OJC No. 9378/95. He having died his LRs have been substituted in his place. Malati was issueless. Tulasi had one son namely Rama and two daughters namely Rambha and Budhi. Rama had two sons namely Sadam Charan Panda and Bhagaban Panda who are the Writ petitioners. For the sake of brevity and better understanding the genealogy of the family which is not disputed by the parties is given below:

(3.) BEING aggrieved by the order of the Consolidation Officer, several Appeal Cases were filed before the Deputy Director of Consolidation, Balasore. All the Appeals were also heard together and disposed by ft common judgment, videAnnexure -2. The Deputy Director relying upon one of the sale deeds executed by Malati wherein she had stated that she had only 1/3rd interest in the property observed that she was bound by the said statement and the contrary stand that she was the absolute owner could not be accepted. On the basis of such conclusion the Deputy Director allowed all the appeals and held that Malati, Naba (son of Sakhi), and Rama (son of Tulasi) and his branch had 1/3rd share each. Being aggrieved by the appellate judgment again several Revision Cases were filed before the Commissioner of Consolidation and Settlement, Bhubaneswar which were heard and disposed of by the Addl. Commissioner also by a common order dated 2.2.1995 (Annexure -3). The revisional authority concurred the findings of the appellate authority and dismissed the Revisions. The said order is assailed in these Writ applications.