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2018 Supreme(Ori) 387

A.K.RATH
Mathuri Jena (dead) through his L. Rs – Appellant
Versus
Baban Sahu (dead) through his L. Rs – Respondent


Advocates Appeared:
For the Appellants :Mr. N.K.Sahu, Mr.Pranaya Swain, Advocates

JUDGMENT :

A.K.RATH, J.

Defendants are the appellants against a confirming judgment.

2. Plaintiffs-respondents 1 to 13 instituted the suit for permanent injunction. The case of the plaintiffs was that the suit land originally belonged to Nakhatra Malini Dei, the ex-intermediary. Plaintiff no.1, Laxman Sahu (father of plaintiff nos.2 and 3 and husband of plaintiff no.4), Rama Chandra Sahu (father of plaintiff nos.5 and 6) and Muralidhar Pani (father of plaintiff nos.7 to 12 and husband of plaintiff no.13) were in cultivating possession of the suit schedule land as bhag tenants. They were paying bhag. While matter stood thus, the ex-intermediary leased out the suit land to them on 14.3.1943 on acceptance of salami. She executed an unregistered lease deed on 14.3.1943 in their favour and delivered possession. Since then the aforesaid persons jointly possessed the suit land. After vesting of the estate, plaintiff no.1, Laxman Sahu, Rama Chandra Sahu and Muralidhar Pani remained in possession of the suit land as occupancy tenants. They filed an application under Sec.8(1) of the O.E.A. Act before the Tahasildar, Jajpur for acceptance of rent, which was registered as Misc.Case No.77 of 1968.


















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