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2018 Supreme(Ori) 156

A.K.RATH
Madhab Biswal – Appellant
Versus
Brundaban Pradhan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.Santosh Kumar Pattnaik, Sr. Adv. Mr. P. Pradhan, Adv.
For the Respondent: Mr.Nabakishore Acharya, Adv.

JUDGMENT :

A.K.Rath, J

Defendants 2 to 4 are the appellants against a reversing judgment.

2. Plaintiffs-respondents 1 to 3 instituted a suit for declaration of title, confirmation of possession and permanent injunction. Case of the plaintiffs was that Ananta Senapati, father of defendant no.1, was the chowkidar of the village. The suit land was recorded in his name. He was in possession of the suit land. In Chowkidari Case No.327 of 1965-66, the land was settled in favour of defendant no.1 under the Odisha Offices of Village Police (Abolition) Act, 1964 (in short, “Act, 1964”). Defendant no.1 used to pay rent. To press his legal necessity, he wanted to sell the land. Defendant no.1 belongs to Schedule Caste. He applied for permission to sell the land under the provision of the Orissa Land Reforms Act (in short “OLR Act”) before the S.D.O., Nayagarh, which was registered as Revenue Misc. Case No.401 of 1978. Permission was accorded to him to sell the suit land and other lands. After obtaining permission, he sold the suit land to the plaintiffs for a consideration of Rs.5000/-by means of a registered sale deed dated 2.12.1978. Delivery of possession was made to him. The plaintiffs acqui























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