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2000 Supreme(SC) 1158

J.JAGANNADHA RAO, DORAISWAMY RAJU
Hajuri P. C. Khuntia – Appellant
Versus
Brundaban R. Das – Respondent


JUDGMENT

M. Jagannadha Rao, J.-Leave granted.

2. The appellants are the successors-in-interest of Sri Balabhadra Khuntia. Mr. Khuntia was an ex- intermediary under Section 2(hh) of the Orissa Estates Abolition Act, 1951 (Act 1 of 1952). A claim was made by Mr. Khuntia s son for settlement from the Government in respect of an extent of Ac 0.168 & 5 Kadis in mouza Dandimalasahi, Puri, (in Khata 27, Plot 364), treating the said property as homestead of the ex-intermediary Mr. Khuntia under Section 2(i) of the Act. The respondent is the tenant who was inducted by the above said ex-intermediary as a tenant on 11.6.1957 for 20 years. The estate vested in the State on 29.3.63. The application was filed by the son of the Ex-intermediary on 30.10.63 under Sections 6 and 7 of the Act. The respondent filed objections and claimed that as a deemed tenant , the respondent was entitled to settlement under Section 8. The Orissa Estates Abolition Co11ector (Tahsildar) passed an order on 8.3.88 allowing the application made on behalf of the ex-intermediary and the appellate authority (Addl. District Magistrate) confirmed the said order on 7.7.90. The respondent s revision to the Member, Board o























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