KRUSHNA CHANDRA MOHAPATRA Vs. JANARDAN DAS

JUDGEMENT

(1.) THE Respondent filed a rent suit for realization of rent for the Oriya Sales 1359 to 1361 corresponding to English calendar years 1952 to 1954. The suit was decreed ex parte. Tile decree was executed and the properties of the Appellant were attached for sale. Coming to know about the decree the Appellant paid the rent for the Oriya Salas 1359 and 1360 and first (sic) of 1361. He however raised objection under Section 47, Code of Civil Procedure that the Court had no jurisdiction to pass a decree for rent for the second kist of 1361. This objection was overruled by both the Courts below. The tenant has accordingly filed this Misc. Appeal against the confirming Appellate decree.

(2.) MR . Patnaik raises the following contentions:

(3.) THAT a part Section 5(b) of the Orissa Estates Abolition Act, 1951 gives indication that passing such an order does not affect the jurisdiction of the Court. It runs thus: