KRUEHNA CHANDRA PATNAIK Vs. DOLAI MALIKO AND ORS.

JUDGEMENT

(1.) THIS is an appeal by the unsuccessful Defendant No. I against the reversing judgment of the learned Subordinate Judge, Berhampur decreeing the Plaintiff's suit.

(2.) THE suit was contested only by Defendant No. 1, who is the sole Appellant before this Court. He denied the Plaintiffs' case that they are the occupancy tenants of the suit lands or that they ever paid rent to Zamindar directly for the same. His case is that his father Dasarathi Patnaik and three others got Banjar patta in respect of the suit lands from the Zamindar in 1903.

(3.) THE judgment of the learned Subordinate Judge is assailed on the ground that he has at several places committed errors of record and has misconstrued important documents on which parties have relied in support of their respective claims of title. It is argued, that he has also committed errors on questions of law relevant for deciding the controversy between the parties. To support these contentions, Mr. N.V. Ramdas, learned Advocate for the Appellants has placed before us the several documents on which the parties have relied and, as we find that his contentions are well -founded, it is necessary for us to refer to these contentions at some length.