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1983 Supreme(Ori) 40

P.K.MOHANTY, B.K.BEHERA
CHINTAMANI SAHOO (DECEASED BY LR. ) – Appellant
Versus
COMMISSIONER OF ORISSA HINDU RELIGIOUS ENDOWMENTS – Respondent


Advocates Appeared:
A.K.TRIPATHY, A.MOHANTY, B.Pal, D.K.SAHU, D.K.SEN, DEVANAND MISRA, G.RATH, J.K.MISHRA, M.N.Jena, N.Prusty, P.C.MISHRA, P.KAR, R.SAMANTARAY, S.MOHANTY

P. K. MOHANTI, J.

( 1 ) THE unsuccessful plaintiff is the appellant in both the Appeals which arise out of two confirming decrees passed by the learned Additional District Judge, Cuttack.

( 2 ) PLOT No. 145 comprising an area of 2. 135 acres was the nijdakhali land of the deity Sri Laxminarayan Jew instiled at Mastaram Math in the city Cuttack. Defendant No. 3 who was the Mahant of the Math executed three permanent lease deeds dt. 8-1-44. 26-7-43 and 15-7-44 (Exts. 5, 6 and 7) in respect of 0. 110 acre out of the said plot in favour of the plaintiff without the sanction of the Commissioner of Endowments. The plaintiff possessed the land from the respective dates of the leases and constructed house on the same. On 9-4-52, he sold away 0. 025 acre out of the land to one Bidei Jethi and delivered possession to him. The Mahant was dismissed in the year 1965. In 1967, the Executive Officer of the Math appointed by the Commissioner of Endowments instituted a proceeding under Section 68 of the Orissa Hindu Religious Endowments Act for recovery of possession, which was allowed on 19-9-68 and the plaintiff was directed to deliver vacant possession of the suit land. Aggrieved by this decis




















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