CHAITAN DAS Vs. MURALI DALAI

JUDGEMENT

(1.) THE defendants are in appeal against a confirming judgment of the learned Additional Subordinate Judge, Cuttack in a suit for declaration of tenancy right, recovery of possession and mesne profits both past and future.

(2.) THE plaintiffs came to court with the case that the suit lands which are locally known as Maneipat, a water-logged area are in an Anabadi Khata of the ex-State of Sukinda. It is said that the plaintiffs dug a channel some time in 1938 and after the water was drained out some lands became fit for cultivation and they have been in possession of the said lands. THE Sukinda estate was under the management of Court of Wards by then and they applied to the Court for lease and the manager of the Wards Estate recommended it to the Collector of Cuttack. THE Additional District Magistrate considered the recommendation of the manager and directed the plaintiffs to deposit the salami. THE plaintiffs deposited the salami on 8-8-51 and received delivery of possession of the property. But before a formal patta could be issued, the management of the estate by the Court of Wards terminated and soon thereafter the ex-estate of Sukinda came to vest in the State of Orissa under the Orissa Act I of 1952. THE plaintiffs were in possession and were raising crops on the suit lands year after year. THE defendants disturbed their possession and it led to the initiation of a proceeding under Section 145, Cr. P. C. wherein the possession of the defendants was upheld. THE plaintiffs therefore brought the suit.

(3.) IN the circumstances I would conclude that the second appeal has no merit and is liable to be dismissed. I would, therefore, dismiss the second appeal, but I would give a direction that the respondents should not be paid any costs of this appeal. Appeal dismissed.