ADHIKARI GOPINATH DAS Vs. NIRMAL CHANDRA MOHANTY

JUDGEMENT

(1.) This revision arises out of the order dated 5-12-1977 of the Munsif, Puri in Original Suit No. 179 of 1976-1. By the impugned order the court below has decided that the suit has abated under the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (Orissa Act 21 of 1972) (hereinafter referred to as the 'Act'), as the area comprising the suit lands has come under the Consolidation Proceedings.

(2.) The reliefs prayed for in this suit are; (i) realisation of damages caused to the plaintiff due to the unlawful trespass and illegal acts of the defendants on the suit land; (ii) restraining the defendants by a permanent injunction not to commit any further act of damages or to interfere with the possession of the plaintiff over the suit lands; and (iii) for other consequential reliefs.

(3.) The learned counsel appearing for the petitioner contends that the prayer for permanent injunction or the interlocutory injunction which has already been granted in the suit, and the prayer for recovery of damages for the illegal acts of the defendants on the suit lands are not matters within the purview of the powers of the Consolidation Officers, and Sections 4 and 51 (2) of the Act have no application to suits asking for such reliefs. The learned counsel appearing for the opposite parties, however states that in suits for permanent injunction and for recovery of damages from the defendants for their alleged illegal acts, the court will have to necessarily adjudicate upon the right, title and interest of the plaintiff in the suit land, which matters are exclusively within the jurisdiction of the Consolidation Officer and hence the civil court shall have no jurisdiction to entertain such suits, and such suits already instituted shall abate or stand terminated in their entirety under Sections 51 (2) and 4 (4) of the Act and interlocutory orders passed in such suits shall be of no effect or force.