STATE OF ORISSA Vs. PRAFULLA KUMAR PRADHAN

JUDGEMENT

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

(2.) An area of Ac.20.03 dec. of land appertaining to Sabik Khata No.20 which corresponds to Major Settlement Khata No.59 of Village-Baidharnagar, District-Deogarh is the subject-matter of dispute.

(3.) Prafulla Kumar Pradhan, predecessor-in-interest of the respondents, as plaintiff instituted the suit for a declaration that the entry in the major settlement ROR is illegal and erroneous. Case of the plaintiff was that the suit schedule land was recorded in the name of Purusotam Mahakul alias Pradhan during 1925-26 settlement of ex-State Bamra. The legal heirs of the recorded tenant alienated the land in favour of the plaintiff. When there was a cloud of suspicion over his title, he instituted T.S. No.2 of 1972 in the Court of the learned Munsif, Deogarh against the defendant for declaration of title, recovery of possession and mesne profits. The suit was decreed. Title Appeal No.45/15/12 of 1974-77 filed by the defendant in the Court of the learned District Judge, Sumbalpur was dismissed. In Execution Case No.16 of 1975, possession was delivered to him through process of Court. Since then the plaintiff was in possession of the suit land. He used to pay rent. But then, in the major settlement, the suit land has been recorded as "Abada Jyogya Anabadi" in the name of Raj Sarkar. The entry is illegal. With this factual scenario, he instituted the suit seeking the reliefs mentioned supra.