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1959 Supreme(Ori) 1

R.L.NARASIMHAM
BIDYADHAR SWAIN – Appellant
Versus
PADMANATH SINGH DEO – Respondent


Advocates Appeared:
B.K.PAL, H.MOHAPATRA, M.S.Ray, R.N.MISRA

R. L. NARASIMHAM, C. J.

( 1 ) THESE six second appeals arise out of appellate judgment of the Additional subordinate Judge of Berhampur affirming the judgment of the Munsif of Aska in six title suits (Title Suits Nos. 146/51, 147/51, 148/51, 11/53, 12/53: and 42/53)which were heard analogously in the two lower Courts and disposed of in one judgment. These second appeals were also heard analogously and will be dealt within one judgment.

( 2 ) THE appellants are all contesting defendants against whom a decree for eviction was passed by the trial court and confirmed on appeal. The suit lands appertain to survey No. 22/2 of village Olama within the former impartible estate of Dharakote in Ganjam district. The plaintiffs claimed the lands as the private (Hetta) lands of the Zamindar of Dharakote who granted ryoti pattas in their favour on 25-10-1947 after receiving valuable consideration. The contesting defendants, however, urged that the suit lands were not the Hetta lands of the Zamindar but were the ryoti (Jerayati) lands in the possession of the defendants and their ancestors for a period of forty years on payment of Rajbhag. The two lower Courts held that the suit lands were the










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