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1970 Supreme(Ori) 166

G.K.MISRA, R.N.MISRA
SRIMATI A. KAMESWASAMMA – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
C.V. Murty, for the Appellant; Govt. Advocate, for the Respondent

JUDGMENT :

G.K. Misra, C.J. - The Petitioner claims to be a landholder of the disputed lands, about 136 acres in area, in village Bonaballapalle, in the district of Ganjam. She claims that she is a pattadar holding the property as a freehold. The history of acquisition of the property, as given in the writ application, is that one Pilamarri Kodanda Ramayya purchased the disputed lands, from the Collector of Ganjam by an Indenture dated 12-12-1864. A permanent right of occupation was conferred by that document. The purchaser had not to pay land revenue, which was waived as an incentive for development of the property. The property was held to be a free hold in perpetuity. In 1910 the holding was entered in the name of Jagannath Pandit in the Diglot. Jagannath was the successor-in-interest of the original pattadar. On 24-2-1910, the father-in-law of the Petitioner purchased the disputed property in a Court auction held by the District Judge of Ganjam. In 1952 the Petitioner acquired the properties from her father-in-law as her Stridhan and has been in enjoyment of the same since then. The Petitioner claims that she is a raiyat in respect of the disputed lands, that they do not constit



































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