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1973 Supreme(Ori) 95

S.K.RAY
ANNAPURNA DEI – Appellant
Versus
AKBAR PATEL – Respondent


Advocates Appeared:
B.H.MOHANTY, J.K.TRIPATHY, S.C.MOHAPATRA, U.S.Misra

S. K. RAY, J.

( 1 ) THE defendants are the appellants. This appeal is directed against the reversing decision of the lower Appellate Court.

( 2 ) ORIGINALLY, Arjun Patel, the ancestor of the plaintiffs was the owner of plot Nos. 1076 and 1097 measuring 27 decimals in aggregate, 9 decimals being comprised in plot No. 1076 and 18 decimals comprised in plot No. 1097. He was recorded in respect of the same in record of rights of 1926-27 settlement of Ex. Bamra State. Defendant No. 1 was the owner of plot No. 722 havingr an area of 54 decimals and of plot No. 790 having an area of 3. 15 decimals. Plot No. 790 is Goda land and plot No. 722 is paddy land. These two plots 722 and 790 are the suit lands set out in Schedule A of the plaint. In 1939, Arjun Patel exchanged his two plots Nos. 1076 and 1077 with the defendant No. 1's two plots Nos. 722 and 790. In accordance with the Revenue Rules of the Ex-State of Bamra, this exchange was sanctioned by the Revenue Authority in Rev. Misc. Case No. 430/m of 1939-40 and the relevant order in that proceeding is dated 13-4-1940. Following this sanction, plots 1076 and 1097 were taken off from Arjun Patel holding and included in the holding of def












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