A.K.RATH,J - (1.) The defendants are the appellants against a reversing judgment.
(2.) Respondents as plaintiffs instituted the suit for declaration of right, title, interest and possession over the suit land and other consequential reliefs. The case of the plaintiffs is that the suit land is a part of Sabik Khata No.148, Plot No.2770 area of Ac.15.12 decimals. The property originally belongs to the deity Baladev Jew of Keonjhar. Kirtan Sahoo, the predecessor of the plaintiffs, acquired the land described under Schedule-A & B of the plaint on the basis of lease granted by ex- intermediary in the year 1958-1960. The properties described under Schedule-C and B of the plaint were purchased by Kirtan Sahoo. They are in possession of the properties from the time of their predecessor on payment of rent to the appropriate authority. They had established a rice mill on a portion of the land after obtaining permission from the appropriate authority. Subsequently a coke briquettes factory was established over the same. Their residential house situates over a part of the property. They being a lessee under the ex-intermediary and thereafter the State having accepted them as tenants on payment of rent, they are deemed tenants under Sec. 8(1) of the Orissa Estate Abolition Act. When the Tahasildar refused to receive rent on the ground that the property has been recorded in the name of the State in the Hal Settlement record of rights, they instituted the suit.
(3.) Pursuant to issuance of summons the defendants entered appearance and filed written statement denying the assertions made in the plaint. The case of the defendants is that Sabik Plot was having an area of Ac.311.80 dec. The same was recorded in the name of the deity Baldev Jew. The intermediary estate vested in the State on 18.03.1974. After vesting, the properties have been recorded as reserved forest in the Hal settlement record of rights in the name of the State. Thus the State has become the owner of the property. The plaintiffs have no semblance of right, title and interest over the same.;