RAMAKRISHNA DEO Vs. BALYOKRISHNA DAS

JUDGEMENT

(1.) DEFENDANT No. 1 is the appellant against a confirming judgment of the learned district Judge of Koraput in a suit under Order 21, Rule 63, C. P. C.

(2.) THE plaintiff sued for declaration of title and possession over the crops raised on the suit land locally known as Khari Bhumi which had been attached by defendant no. 1 in E. P. Nos. 497 to 500 of 1957 on the file of the Revenue Divisional Officer, nowrangpur, while he was executing a decree for arrears of rent. The contention raised by the plaintiff was that he was a lessee under his father in respect of the land from which the crops had been attached and harvested. Defendant No. 2 was the debtor and in an execution against him the crops raised by the plaintiff could not be proceeded against. The plaintiff further asserted that there was a partition between defendant No. 2 on one side and his sons including the plaintiff on the other, and the plaintiff was possessing the land from which the crops were harvested, on an annual rent of Rs. 100/ -. The claim in the execution case was rejected. Thereafter he came forward with a suit under Order 21, Rule 63, C. P. C.

(3.) DEFENDANT No. 2 supported the plaintiff. But defendant No. 1 took the stand that there was no partition between defendant No. 2 and his sons and contended that the plaintiff was liable for the rent which was a liability against the family. A further stand was taken that the suit was bad for want of notice under Section 53 (1) of the Orissa Court of Wards Act, 1947 (Act 36 of 1947 ).