KALIPADA DINDA Vs. STATE OF ORISSA AND ANOTHER

JUDGEMENT

(1.) This appeal is by the plaintiff against a confirming judgment of the learned Additional District Judge, Jagatsinghpur in a suit for declaration of title.

(2.) An area of Ac.30.00 appertaining to sabik khata no.150, sabik plot no.695 corresponding to hal khata no.413 under different plots of mouza-Kiada, P.S.-Ersama, Dist-Cuttack is the subject matter of dispute.

(3.) The case of the plaintiff was that the suit property originally belonged to Raja of Burdwan, ex-intermediary. The same was Anabadi land. In the year 1945, the ex-intermediary inducted him as a tenant. He is in possession of the suit land since 1945. In 1950, the ex-intermediary received salami and rent. In the year 1960, some people created disturbance. He filed a petition under Sec.145 Cr.P.C. before the Executive Magistrate, Jagatsinghpur. His possession was declared. In the hal settlement ROR, the suit land had been wrongly recorded in rakhita khata under the note of possession of Ananta Tangur and others. The said persons were not in possession of the property. He filed Revision Case No.1679 of 1984 for correction of record of right before the Commissioner of Settlement, Board of Revenue, Orissa, Cuttack, which is subjudice.