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1999 Supreme(SC) 612

A.P.MISRA, R.C.LAHOTI
Budhia Swain – Appellant
Versus
Gopinath Deb – Respondent


Judgment

R.C. Lahoti, J.-The respondent No. 1 is a deity seated at village Bishwanathpur in the District of Puri. On an application filed by the respondent No. 1 under Sections 6 and 7 of the Orissa Estates Abolition Act, 1951 (hereinafter ‘the Act’, for short), the Estate Abolition Collector-cum-Additional Tahsildar passed an order of settlement dated 2.4.1966 in favour of respondent No. 1 settling the lands covered by khata numbers 431 & 438 of village Bishwanathpur. Rent schedule was issued pursuant to the order of settlement and rent was realised from the respondent No. 1 from the date of settlement. There was no appeal preferred against the order dated 2.4.1966 and thus the order of settlement achieved a finality.

2. On 24.7.74 the appellants, 12 in number, who are residents of village Pani­bhandar, District Puri filed an application seeking review of the order of settlement dated 2.4.66. The only ground for review raised in the application was that the public notice of the claim preferred by the respondent No. 1 was not served in the locality as prescribed. The O.E.A. Collector purported to exercise the power of review under Section “151 CPC” having formed an opinion that the























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