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1975 Supreme(Ori) 32

P.K.MOHANTY, N.K.DAS, G.K.MISRA
Magulu Jal – Appellant
Versus
Bhagaban Rai – Respondent


Advocates Appeared:
S.C. Mohapatra, for Appellants:B.K. Pal and R.K. Fatro (Standing Counsel), for Respondents.

Judgement

G. K. MISRA, C.J. :- The case of the plaintiff may be stated in short. Schedules A, B and C of the plaint constitute the disputed lands. A and B Schedules are Bhorga lands. They were a part of holding No. 1 of the 3rd settlement (1927) in the ex-State of Sonepur. Schedule A and B lands respectively comprise 3.21 acres and 15.52 acres. Schedule C lands were in holding No. 48 of the 3rd settlement and were raiyati lands with an area of 39.84 acres. All the three schedule lands were recorded in the name of Jaisingh Rai, father of the plaintiffs, in the 3rd settlement. Schedule A and B lands were converted into rayati by order (Ext. N) of the Collector. Bolangir, on 16-12-1962 in Bhogra Conversion Proceedings in respect of village Siali in which the suit lands are situated. Jaisingh Rai died on 16-11-1954. Till his death he was in peaceful physical possession of the disputed lands in his own right, title and interest. After his death plaintiffs inherited the properties and were in possession thereof. At the time of harvest of the crops in 1957, defendants 1, 6 and some other defendants disturbed the possession of the plaintiffs. In a proceeding under Section 145, Criminal Proc


































































































































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