ALEKHA PRASAD PRUSTY Vs. MAHESWAR PRUSTY (DEAD)

JUDGEMENT

(1.) This is defendants' appeal against a reversing judgment.

(2.) Shiba Padhan, predecessor-in-interest of the respondents 1(a) to 1(i) , instituted a suit for permanent injunction. Case of the plaintiff is that his father Sankirtan Padhan was authorized by the State Government to enjoy fruits of the trees standing over the suit land. The suit land has been recorded in his name in the major settlement ROR. After his death, he and his mother are enjoying the fruits of the trees standing over the same. The suit land has been recorded in their names in the consolidation operation. Defendants have no semblance of right, title and interest over the suit land.

(3.) Defendants filed a written statement denying the assertions made in the plaint. They challenged the right of the plaintiff over the suit land. The suit land is the property of the Government. They are landless persons. They applied to the Government for settlement.