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2018 Supreme(Ori) 281

A.K.RATH
State of Orissa – Appellant
Versus
Pramilabala Sur – Respondent


Advocates Appeared:
For the Appellants : Mr. R.P. Mohapatra, A.G.A.
For the Respondent:Mr. B.K. Dagara, Advocate, Ms. Arnapurna Barik, Advocate

JUDGMENT :

Dr. A.K. Rath, J.

Defendants are the appellants against a reversing judgment.

2. Plaintiff-respondent instituted the suit for a declaration that she is an occupancy tenant over the suit land and for permanent injunction. The case of the plaintiff was that the suit land originally belonged to Kujanga estate. In the year 1951, the Raja of Kujang with due permission of Collector, Cuttack under Act 1 of 1948 inducted Bipin Bihari Mandal, Akhil Chandra Patra and others as tenants in respect of Ac.78.00 dec. of land. Akhil Chandra Patra was inducted as a tenant in respect of Ac.7.00 dec. of land including the suit land. Akhil Chandra Patra was in possession of the suit land. He used to pay rent. The land vested in the State. State of Orissa accepted him as a tenant. On 5.6.1957, Akhil Chandra Patra sold the suit land to Radha Krushna Bera by means of a registered sale deed. Radha Krushna Bera sold the same to one Niharbala Mandal by means of a registered sale deed. Niharbala Mandal sold the suit land to the plaintiff on 23.2.1965 by means of a registered sale deed. She was in possession of the suit land. Possession of the plaintiff over the suit land was recorded as illegal in th































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