ANAND PADHAN Vs. DHUBA MOHANTY

JUDGEMENT

(1.) PLAINTIFFS, plaintiff No. 1 being the father of the remaining plaintiffs, have carried this appeal against the judgement and decree of the learned Additional Subordinate Judge of Berhampur dismissing their suit for declaration of title as occupancy tenants under the State Government.

(2.) THEY filed the suit on 11-3-1967 alleging that the disputed property was Darmilla Paik Service Inam lands of the Surangi Estate and the same has been abolished under the provisions of the Orissa Estates Abolition Act (hereinafter referred to as the 'Abolition Act'). Ancestors of defendants 1 to 7 were raiyats under the Estate with occupancy right over the disputed property. With respect to malevaram right of the disputed lands, the Zamindars of Surangi created Inams in favour of the defendants' ancestors for rendition of personal service. Nominal quit rent (Kathubadi) had, however, been fixed. The Inam-holders i.e. predecessors of defendants were thus enjoying the Kudivaram as also the Malevaram rights in the disputed property. The service was, however, discontinued around 1908. Plaintiffs obtained two sale deeds and four lease deeds from the defendants and their ancestors in respect of the Kudivaram right in regard to different portions of the disputed property details whereof would be indicated later and got into possession thereof. After the vesting of the estate, defendants applied for settlement of the lands with them under the Abolition Act. Under wrong advice, plaintiffs had also made similar applications. The Collector under the Abolition Act rejected the claim advanced by the plaintiffs and settled the lands with the defendants. After the settlement of the property with the defendants, they started claiming title to the property and demanded Rajbhag from the plaintiffs treating them as Bbagchasis. Plaintiffs, therefore, claimed the declaration in the manner indicated.