SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1988 Supreme(Ori) 35

R.C.PATNAIK, D.P.MOHAPATRA, LINGARAJA RATH
SUNDARMANI BEWA – Appellant
Versus
DASARATH PARIDA – Respondent


Advocates Appeared:
D.K.MOHAPATRA, M.M.SAHAI, R.Ch.Mohanty, R.K.MOHANTY, R.K.MOHAPATRA, S.S.BASU

D. P. MOHAPATRA, J.

( 1 ) THESE two cases have come up before this Full Bench on reference by the respective Division Benches, to decide certain important questions of law relating to the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (hereinafter referred to as the 'act' ). On a reading of the reference orders in the two cases, the points arising for decision may be formulated as follows : (A) Whether the consolidation authorities are competent to exercise their jurisdiction in respect of lands, which are not consolidable under the Act. (B) Whether jurisdiction of the Civil Court is ousted in respect of non-consolidable lands during continuance of the consolidation operations in the area. (C) Whether the authorities under Act have power to record forcible possession of a person in the land records while showing another person as the holder of title to the land. The aforementioned points often arise in proceedings before civil courts when attempt is made by defendants to persuade the court to pass order of abatement of suits under Section 4 (4) of the Act. The controversy has engaged the attention of this Court on several occasions earlier. In t











Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top