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1954 Supreme(Ori) 18

PANIGRAHI
SUBARNA SUNAMI – Appellant
Versus
KARTIKA KUDEI – Respondent


Advocates Appeared:
B.Mohapatra, N.K.DAS, S.N.DAS GUPTA

PANIGRAHI, C. J.

( 1 ) BY an order dated 31-3-1953, the Magistrate, First Class, Bargarh, declared the possession of the disputed lands measuring 51. 052 acres in favour of the first party (opposite paties herein) in M. C. No. 65/314 of 1952 -- a proceeding under section 145, Criminal P. C. The Sessions Judge, Sambalpur, affirmed this order by his judgment dated 30-7-1953, in criminal revision Case No. 6 of 1953. It is against this order that the members of the second party have come up in revision to this Court.

( 2 ) THE facts leading to the dispute lie within a short compass. Akula, the father of the first party was admittedly the Thikadar -- Gaontia, and after his death Kartick the first party, is the Thikadar. The disputed lands are the sir lands of the village enjoyed by the gaontias in lieu of maintenance. The members of the second party claim to be the daughters of one Bhagat who was the cousin of Akula and was the previous gaontiar and who, it is said, died issueless over 20 years ago. It has been found by both the Courts below that the petitioners are, in fact, not the daughters of Bhagat. It is contended that they are the daughters of one Jagat belonging to a junior br






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