ANANTA JENA Vs. DEITY SHRI GOPINATH JEW
LAWS(ORI)-1978-6-2
HIGH COURT OF ORISSA
Decided on June 30,1978

ANANTA JENA Appellant
VERSUS
DEITY SHRI GOPINATH JEW Respondents

JUDGEMENT

R.N.Misra, J. - (1.) This is a judgment-debtor's appeal against the affirming appellate order of the learned Subordinate Judge of Nayagarh.
(2.) The decree-holder-respondent obtained a decree in Title Suit No. 14/51 of 1972/71 in the court of the Munsif, Nayagarh for recovery of possession of the disputed property by evicting the judgment-debtor and for recovery of mesne profits. It levied execution of the said decree in Execution Case No. 18 of 1974. On notice, the judgment-debtor challenged the executability of the decree by filing an application under Section 47 of the Civil P. C, which came to be registered as M.J.C. No. 2 of 1975. The executing court dismissed the objection. On appeal, the learned Subordinate Judge upheld the dismissal. Hence this second appeal.
(3.) The sole contention of Mr. Pal for the judgment-debtor-appellant is that the lands from which the judgment-debtor was to be evicted constituted an estate and the same having already vested in the State of Orissa under the Orissa Estates Abolition Act (hereinafter referrred to as the 'Act'), the decree-holder was not entitled to execute the decree.;


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