JUDGMENT :

S.K.Mishra, J.

In this writ petition, the petitioner assails the judgment dated 25.11.2002 passed by learned Commissioner, Consolidation, Cuttack, opposite party no.1, in Consolidation Revision Case No.1050/1998 whereby the revision application filed under Section 36 of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (hereinafter referred to as the “Act” for brevity) was dismissed.

2. The facts of the case are not in dispute. The L.R. Plot No.180 Ac.0.14 pertaining to L.R. Khata No.167 corresponding to M.S. Plot No.180 measuring Ac.0.14 of Khata No.118. It is not disputed that the property belongs to one Subhadra Dei, W/o. Narahari, Village – Deika. She was allotted with the said land in a family partition. She transferred the land to Surendranath Behera-opposite party no.4, who is opposite party no.1 in the court of the Commissioner, vide Registered Sale Deed No.2440 dated 5.5.1958 with a condition to pay the consideration money at the time of endorsement of ticket. But when opposite party no.4 was unable to pay the aforesaid consideration money to the vendor-Subhadra Dei, she cancelled the above sale deed vide Registered Cancellation