JUDGMENT :

Dr. A.K.RATH, J.

This is a plaintiffs’ appeal against confirming judgment in a suit for declaration that the land register prepared by the consolidation authority is wrong, permanent and mandatory injunction.

2. The predecessors in interest of the appellants as plaintiffs filed the suit. The case of the plaintiffs is that the suit land originally belonged to Ex-landlord Heramba Prasad Brahma alias Ray. The suit land was “Nijdakhali Bagayat land”. The Ex-landlord had leased out the same in favour of one Dari Dibya on 10.6.1937 and issued Hat Patta to her. Dari Dibya was in possession of the land. She used to pay rent. But then the Ex-landlord did not file Tenants Ledger in favour of Dari Dibya after vesting of Baheli interest, for which she could not pay rent to the defendants after vesting. She filed Misc.Case No.195 of 1978 before the Tahasildar to recognize her as a tenant and settle rent in her under the provisions of Orissa Estate Abolition Act. The Tahasildar allowed the Misc.Case on 13.4.1979 and directed the Revenue Inspector to open the Tenants Ledger in respect of the suit land and realize the rent from her from the date of vesting. She received intimation on 21.5.