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1950 Supreme(Ori) 79

JAGANNADHA DAS, PANIGRAHI
BHOLANATH PANIGRAHI – Appellant
Versus
SHYAMSUNDRA BOSE – Respondent


Advocates Appeared:
B.K.Basu, L.K.DAS GUPTA, M.S.Rao

PANIGRAHI, J.

( 1 ) THIS is an appeal against the reversing judgment of the Subordinate Judge, cuttack, directing the dismissal of the pltf's suit for ejectment and damages. The facts - which are not in dispute - are that one Bai Panigrahi, an ancestor of the pltf and defts 2 to 6 who constitute one family, purchased some lands by two registered kabalas dated 27-8-1914 and 24-7-1917 from one Burunda Nalk and his son respectively who were then the recorded tenants of those lands. The lands appertained to khata No. 249 in touzi No. 2219. As a result of the partition of the touzi the disputed plot fell in the separated touzi No. 7288 which was purchased by deft 1 at a revenue sale on 18-3-1918. In the Current Settlement bholanath Panigrahi vs. Shyamsundra Bose and Ors. (07. 11. 1950 -ORIHC) Page 2 of 4 the suit plots, which measure 70 decimals, were recorded in Khata No. 120 and in the remarks column the transferee's name was noted as being in possession by virtue of the two kabalas mentioned above. Deft 1 the landlord of the separated touzi brought rent suit in the year 1938 against Bhagat, son of Padi, and obtained a rent decree in Rent Suit No. 4078 of 1938-39. The holding was put








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