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1995 Supreme(Ori) 59

R.K.PATRA
DINABANDHU BEHERA – Appellant
Versus
KALANDI CHARAN MISHRA – Respondent


Advocates Appeared:
H.H.KAR, N.KANUNGO, P.K.PATNAIK, R.C.RATH, S.K.A.MOHANTY, S.Mishra, S.MOHANTY

R. K. PATRA, J.


( 1 ) DEFENDANTS 1 to 5, the legal representatives of deceased defendant No. 6 and defendants 7 to 25 have filed this appeal against the judgment and decree of the learned Subordinate Judge, Athgarh declaring plaintiff respondent No. 1's right, title interest and possession in respect of the suit land, permanently restraining the appellants as well as defendant No. 26-respondent No. 2 from going upon the land or from interfering with the possession and enjoyment of respondent No. 1 and declaring entitlement of respondent No. 1's right to get the seized paddy valued at Rs. 1000/ - in G. R. Case No. 88 of 1972.

( 2 ) THE case of respondent No. 1 hereinafter referred to as 'the plaintiff' is that he is the owner in possession of the suit land comprising of an area of Ac. 1. 60 decimals out of total area of Ac. 20. 50 decimals under plot No. 460 appertaining to khata No. 4 situated in mouza Deuli. According to him, in a proceeding in O. L. R. Case No. 98 of 1976 under section 36-A of the Orissa Land Reforms Act, 1960, he was granted certificate in respect of the suit land by the order of the Revenue Officer dated 24-12-1977. Pursuant to the said order, he duly paid the







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