BORISA PADRA AND ANOTHER Vs. ELUTERIA NAYAK

JUDGEMENT

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

(2.) Plaintiff-Respondent no.1 instituted the suit for declaration of title over the suit land and for declaration that the patta, if any, issued in favour of the defendants is null and void. The case of the plaintiff was that the suit land originally belonged to the ex-zamindar of Badagada estate. He had given the land to the Math Head of Marikote for management. Marikote Math allotted the land to the ancestor of the plaintiff for enjoyment of the same in lieu of the service to the deity Sri Sri Patakhanda Mohaprabhu Bije Marikote.

(3.) The defendants entered contest and filed a written statement denying the assertions made in the plaint. According to the defendants, the plaintiff is not the owner of the suit land. They are the owners of the suit land. The Math Head of Marikote had not allotted the suit land to the ancestor of the plaintiff for offering bhog to the deity.