AMARESWAR MALLA Vs. STATE OF ORISSA AND OTHERS

JUDGEMENT

(1.) This is a plaintiff's appeal against the affirming judgment.

(2.) The case of the plaintiff is that the suit schedule property originally belonged to one Padma Charan Sahu. He executed a lease deed in favour of Brahamananda Sahu on 5.10.1944 and delivered possession. While the matter stood thus, Brahamananda Sahu alienated the schedule-B land to the plaintiff by means of a registered sale deed dated 7.8.1963 and delivered possession. He is in possession of the suit land and used to pay rent to the Tahasildar, Nimapara, defendant no.2. When defendant no.2 with the help of defendant no.3 threatened to dispossess him, he instituted the suit for declaration of title, confirmation of possession, recovery of possession in the event the plaintiff is dispossessed during pendency of the suit and permanent injunction.

(3.) The Collector, Puri, defendant no.1 filed a written statement denying the assertions made in the plaint. The case of defendant no.1 is that the plaintiff has no right, title and interest over the suit land. Brahamananda Sahu was not the owner of the suit land. The alleged lease deed is a fabricated one. The tenants' ledger of the year 1953-54 to 1963-64 does not reveal that Brahamananda Sahu was a tenant. No rent was received from him. The suit land is not identifiable. The village where the suit land falls along with other five villages have been included in the master plan of Konarak N.A.C.. Notification has been made to that effect.