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1996 Supreme(Ori) 49

P.K.MISRA
GAURA NAIK – Appellant
Versus
ARJUN CHARAN DASH – Respondent


Advocates Appeared:
A.K.Mishra, ASHOK SATPATHY, D.MOHANTY, MANOJ MISHRA, P.R.BARIK, R.BOSE, R.P.MOHAPATRA, SUBASH DAS

P. K. MISRA, J.

( 1 ) DEFENDANT is the appellant against a reversing decision. Daitari Dash, the original plaintiff, had filed Title Suit No. 23 of 1979 in the Court of the Munsif, Keonjhar, for declaration of title, confirmation of possession or in the alternative, recovery of possession and permanent injunction. The disputed property has been described in Schedules A, A-1 and A-2 of the plaint.

( 2 ) ACCORDING to the plaintiff, properties described in Schedules A, A-1 and A-2 were being enjoyed by Dukhia Naik, Suban Naik and Sikhar Naik respectively as Chandana Raiyats under Brahmin landlords of the village and were recorded as such in 1914 Settlement. Subsequently, however, Dukhia Naik and Suban Naik abandoned the lands and left the village, Ourgadeipur. The plaintiff, who claims to be one of the co-sharerlandlords, occupied Schedule A land and other portion measuring Ac. 0. 04 decimals of land of Dukhia was given to Mangulu Naik and Sapana Naik, as they were the field servants. Similarly, the plaintiff occupied Schedules A-1 and A-2 lands for more than sixty years as of right and to the knowledge of all others including the defendant's family and the co-sharer Brahmins of the










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