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2017 Supreme(Ori) 853

A.K.RATH
Niramal Behera Dalai – Appellant
Versus
State of Orissa – Respondent


Advocates Appeared:
For the Appellant : Mr. Laxman Pradhan
For the Respondents: Mr. R.P Mohapatra

JUDGMENT :

A.K. Rath, J.

Plaintiff is the appellant against a reversing judgment in a suit for declaration of right, title and interest and restraining the defendants from interfering with her possession.

2. Case of the plaintiff is that the suit land appertaining to Khata No.54, Plot No.1351/1646 area H.0.28 R. which corresponds to Khata No. 232/2, Plot No.1646/1671 of Mouza-Kanjamendi originally belonged to Khageswar Patra. He had gifted some landed property including the suit land to the deity Sri Sri Rameswar Mahadev bije Nuagaon. A committee was constituted for management of the affairs of the deity. The Committee decided to lease out the landed properties of the deity to different persons for construction of houses. Pursuant to the said decision, about fifty persons including the plaintiff were inducted as tenants basing upon the lease deed executed between the plaintiff and the management of the committee. The disputed property was recorded in the name of the Government. While the matter stood thus, defendant no.2 initiated Encroachment Case No.120 of 1986 against the plaintiff. Order of eviction was passed. Rent and penalty was imposed. Certificate Case No. 17 of 1995 was init



















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