GUNANIDHI NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is plaintiff's appeal against a reversing judgment in a suit for declaration of occupancy right and permanent injunction.

(2.) An area Ac.4.75 dec. out of Ac.91.80 appertaining to sabik khata no.1, sabik plot no.5 corresponding to hal khata no.2, hal plot no.1 is the subject matter of dispute.

(3.) The case of the plaintiff is that the suit property originally belonged to Ramakrushna Pattnaik, ex-intermediary. It was a sandy tract. With the permission of ex-landlord, he reclaimed the same and planted casuarina trees. The ex-intermediary leased out the land to him in the year 1942 and executed a permanent lease deed. He used to pay rent to the ex-intermediary. While matter stood thus, the land vested in the State in the year 1953. He became a deemed tenant under the State after vesting. The ex- intermediary had submitted jamabandi in his favour. Accordingly, the Tahasildar, Nimapara had prepared tenants' ledger and accepted rent. The land was wrongly recorded in the name of the Forest Department in the ROR. When the defendant disturbed his possession, he instituted the suit seeking the reliefs mentioned supra.