DINDAYAL AGARWALLA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal by the plaintiff assails the affirming judgment passed by learned Additional District Judge, Rairangpur, Mayurbhanj in Money Appeal No.2 of 2000.

(2.) The case of the plaintiff is that the State Government initiated MCC Nos.4 of 1993 and 9 of 1993 against one Ashok Kumar Agarwalla before the Sub-Collector-cum-Certificate Officer, Bamanghaty, for realization of unpaid motor vehicles tax. The property was sold in public auction on 23.5.1990 under the supervision of the Tahasildar, Rairangpur. He was the successful bidder. Certificate Officer issued the sale certificate on 24.10.1990 in Form No.15 as prescribed in the Orissa Public Demands Recovery Act, 1962. He deposited a sum of Rs.22,101/- on 23.05.1990. He had also paid an amount of Rs.700/- towards poundage fee and Rs.684/- for purchase of non-judicial stamp papers for preparation of the sale certificate. After obtaining sale certificate, he repeatedly requested the Certificate Officer to deliver vacant possession of the suit land. It was found that a portion of the said land had been illegally encroached upon by the strangers. On 17.6.1994 orders were passed for delivery of possession through Tahasildar, Rairangpur. Thereafter, he learnt that as per his letter dtd.23.6.1994, the Tahasildar, Rairangpur intimated the Certificate Court that the possession had been delivered on 20.7.1993. The same was not correct. His signature was taken on a blank paper stating that a report would be made in his presence at the time the Revenue Officials visit to the spot. In good faith, he put his signature on the blank papers. In spite of repeated requests, the Certificate Officer failed to deliver vacant possession of the suit premises to him. With this factual scenario, he instituted the suit for realization of Rs.23,485/- with P.I. & F.I. @12.5% p.a.

(3.) Defendants entered contest and filed a written statement pleading, inter alia, that the plaintiff had deposited an amount of Rs.22,101/-. The auction sale was confirmed in his favour. Land was lying vacant at the time of delivery of possession. The Revenue Inspector, Rairangpur had delivered the vacant possession of the land in question to the plaintiff on 20.7.1993 in presence of the police and Magistrate. The Tahasildar, Rairangpur had rightly intimated the Sub-Collector, Baripada about delivery of possession of the land in favour of the plaintiff. The plaintiff had given in writing that he had taken possession of the suit land on 23.6.1994.