BARI BEHERA Vs. DEBINARAYAN DAS CHOUDHURY

JUDGEMENT

(1.) PETITIONER claims to be the bhag -tenant of the disputed land under the opposite party from the time of his forefathers. He filed Bhagchasi Case No. 1515/66 before the Revenue Officer, Jagatsinghpur, on 4 -6 -1966 for declaration of his bhag tenancy right under the Orissa Land Reforms Act, 1960 (Orissa Act 16 of 1960), hereinafter referred to as the Act. The opposite party filed Title Suit No. 154/1906 in the Court of the Munsif, Second Court, Cuttack, on 7 -7 -1966 for permanent injunction against the Defendant -Petitioner as a trespasser. The Petitioner, after filing written statement, filed an application for stay of the Civil suit until disposal of the bhagchasi case. Against the order dismissing the application for stay, the civil revision has been filed.

(2.) MR . Patra advanced the following contentions:

(3.) SECTION 74 of the Orissa Land Reforms Act, 1960 so far as relevant, runs thus: