PURSTAM NAYAK AND OTHERS Vs. GOVERNMENT OF ORISSA

JUDGEMENT

(1.) This is a plaintiffs' appeal against confirming judgment. The suit was for declaration that M.S.R.O.R is wrong.

(2.) The case of the plaintiffs was that the suit land originally belonged to Ex-Zamindar, Harekrushna Mahatab. Murali Bhuyan, Katuri Bhuyan, Mani Bhuyan, Gayadhar Bhuyan and Atul Bhuyan were the tenants under the Ex-Zamindar. On 22.2.1950, the Bhuyan family sold the land to one Mulchand Singh by means of a permanent lease deed. Mulchand Singh was in possession of the same. Thereafter Mulchand Singh gifted the land to Durga Dei by means of a registered gift deed dated 13.11.1950. While matter stood thus, Durga Dei sold the land to defendant no.2 by means of a registered sale deed dated 28.10.1957. After sale, tenants' ledger was opened in the name of defendant no.2. The plaintiffs were cultivating the land as bagachasi under defendant no.2. They filed an application under Section 36(A) of the O.L.R. Act for declaration that they are raiyats. The Tahasildar, Bhadrak by order dated 30.3.1977 declared the plaintiffs to be raiyats and directed them to pay compensation to defendant no.2. The plaintiffs paid compensation and obtained receipts thereof. The tenants' ledger was also duly corrected in favour of the plaintiffs. The land was recorded wrongly as Gochar in the Rakhit khata by the Consolidation Authority. With this factual scenario, the plaintiffs filed the suit seeking the relief mentioned supra.

(3.) Defendant no.1 entered contest and filed a written statement denying the assertions made in the plaint. Apart from challenging the maintainability of the suit on the ground of nonservice of notice under Section 80 C.P.C., it was pleaded that the order passed in O.L.R. Case No. 622 of 1976 was void and without jurisdiction. The plaintiffs had no title. Kissam of land is Gochar.