ADIKANDA SAHU Vs. BANCHHU MALIK

JUDGEMENT

(1.) This is a second appeal against the decision of the Subordinate Judge reversing the decision of the Munsif of Jaipur in a suit for recovery of possession of land described in the schedule to the plaint and a sum for mesne profits.

(2.) The defence of the defendant was that he had rights of occupancy in the land. The record-of-rights published on the 10 July 1928 recorded the land in question as waste land and under the column which headed the name of the tenant, the defendant is recorded as having been in possession since 1923 as bebandobasti Nayabadi, that is to say without settlement of newly reclaimed land.

(3.) Now Section 61 of the Orissa Tenancy Act forbids the reclaiming of waste land by a raiyat without the written consent of the landlord, and by Sub-section 2 if the landlord does not within four years from the date when the raiyat commenced his reclamation, make an application to the Collector for his ejectment, the consent of the landlord is to be deemed to have been given.