Judgement

G. K. MISRA, C.J. :- The following genealogy would show the relationship of the petitioners and opposite parties 1 to 3.

The correctness: of the genealogy is not disputed before us. The petitioner's case is that the family was possessed of agricultural lands and they and opposite parties 1 to 3 as cosharers were in joint possession of the disputed lands. Dinabandhu, father of opposite parties 1 to 3, died in 1958. Thereafter Harekrishna (O.P. No.1) became the karta of the family. After the estate vested, O.P. No.1 filed an application under Section 8-A of the Orissa Estates Abolition Act, 1951 (hereinafter to be referred to as the Act) for settlement of the disputed lands with O.Ps.1 to 3 under Sections 6 and 7 of the Act. There was no reference to the petitioners in that application as being cosharers. Admittedly, O.Ps.1 to 3 were intermediaries and they have been so recorded. The petitioners have not been recorded as intermediaries. After getting notice of such an application the petitioners filed objection under Section 8-A(4) of the Act. The matter was enquired into. The Addl. Tahasildar, Salepur, came to the conclusion that the petitioners were cosharers of O.Ps.1 to 3