UDAY NATH NANDA Vs. BULEI GURU

JUDGEMENT

(1.) THIS revision application at the instance of the plaintiffs in a suit is directed against the appellate order of the Additional Subordinate Judge, Cuttack, dated 14-5-1966 passed in Title Appeal No. 191 of 1965 remanding the suit to the trial court with a direction to receive an Ekpadia by way of additional evidence under order 41, Rule 27, Civil P. C.

(2.) T. S. No. 131 of 1961 was by the petitioners for declaration of their title, possession and for permanent injunction in respect of 9. 12 acres of land. The plaintiffs contended that the lands were partly Nijjote and partly Anabadi and belonged to three sets of landlords who initially came from one family. It was contended that the plaintiffs and before them their forefathers were cultivating these lands under the ex-proprietors and ultimately approached them to settle the lands with the plaintiffs. In 1944 the lands were so settled, and rent was received by the ex-proprietors until there was vesting of the estate. Subsequently the plaintiffs applied for mutation and obtained mutation even after contest by the defendants. While the plaintiffs remained in possession of the property the defendants in collusion with the brother of one Sri Sarat Chandra Parija and a set of supporters of the said brother were attempting to disturb the peaceful possession of the plaintiffs. This situation gave rise to the suit.

(3.) THE defendants took the stand that they were in possession of the property after reclaiming the lands with permission of the landlords. They contended that they had taken the leases from the brother of Sri Sarat Chandra Parija and were in possession of specific portions of the disputed property. As the defendants were settled raiyats of the village they have acquired occupancy right upon settlement they disputed the genuineness of the leases in favour of the plaintiffs.