RAHASBEHARI PUTHAL AND ANR. Vs. GHANA NAIK

JUDGEMENT

(1.) ONE Ghana Naik filed an application under Section 9(1)(a) of the Orissa Tenants Relief Act, 1955 (hereinafter referred to as the Act), alleging that he was a Sanja tenant under the landlords (Petitioners) in respect of the disputed land with an area of 20 decimals in Plot No. 1341 in village Khaladi and that the landlords forcibly reploughed the land on 23 -7 -1962. He accordingly prayed that his right as Sanja tenant be declared and an injunction be issued against the landlords for not interfering with his possession and for other reliefs. The landlords denied Sanja tenant ship. According to them, the opposite party was not in any manner connected with the disputed land either as a Bhag tenant or as Sanja tenant and that there was no occurrence on 23 -7 -1962. It was further alleged that as Ghana Naik restored the seedlings on the disputed land, they had filed a complaint in the Court of the Sub -divisional Magistrate where he was convicted and sentenced to pay a fine of Rs. 60/ -.

(2.) ALL the three Courts below have concurrently found that Ghana Naik was in possession of the disputed land as a Sanja tenant. Though no question of limitation was pleaded in the written statement, in all the three Courts the landlords advanced a plea of limitation on the basis of Section 9(1)(a), Proviso of the Act. All the Courts below have rejected this plea. The landlords have filed the civil revision.

(3.) SECTION 11 -A(6) confers a jurisdiction on this Court to entertain a civil revision against the order of the Revenue Divisional Commissioner. It runs thus: