PANDABA SAHU Vs. BANCHHA PALEI AND ANR.
HIGH COURT OF ORISSA
Banchha Palei And Anr.
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S.K.Ray, J. -
(1.) THIS Second Appeal is by the Defendant. It arises out of a suit filed by the Plaintiffs for the following reliefs, namely, (a) for declaration of title in respect of the suit land; (b) for confirmation of possession of the suit land; (c) for a declaration that the entry in favour of the Defendant as a sikimi raiyat in the record of rights is wrong, illegal and fraudulent; and (d) for a permanent injunction restraining the Defendant from committing any waste or damage to the suit properties.
(2.) THE Defendant admits that the Plaintiffs are the occupancy tenants in respect of the suit lands, but claims a subordinate tenancy interest, that is to say, an under raiyati interest on the ground of the suit lands having been let out to him on Dhulibhag basis. He further contends that the entry in the record of rights of 1963 recording him as a sikimi raiyat in respect of the suit lands under the Plaintiffs is a correct one.
(3.) THE suit was filed in the year 1965. During the pendency of that suit in the trial Court, the Defendant filed an application under Section 4(5) of the Orissa Land Reforms Act, 1960 (hereinafter referred to as the Act) before the Revenue Officer for declaration of his right of a raiyat. This proceeding before the Revenue Officer was registered as O.L.R. Case No. 42 of 1967. He proved his application under Section 4(5) of the Act in the civil Court which has been marked Ex. E. On the basis of that proceeding under Section 4(5) of the Act the Defendant raised a contention that the civil Court has no jurisdiction to try this suit.
Both the Courts below come to the conclusion that the civil Court has jurisdiction to try this suit. They have also concurrently found that the Defendant was not in possession of the suit land as bhag tenant under the Plaintiffs and that the entry in the record of rights is, accordingly, incorrect.;
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