The jurisdiction of civil courts is not ousted unless it is specifically prohibited by a statute.

JUDGMENT :

S. Chatterji, J. - The present writ application at the instance of the petitioners Chaini Das and two others challenges the impugned order dated 8th June, 1989 in revision made by the Commissioner of Consolidation, Bhubaneswar in R. C. No. 509 of 1989 arising out of the orders of the Deputy Director of Consolidation, Kendrapara dated 4-2-1989 in Appeal Case No. 282 of 1987 u/s 12 of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (hereinafter referred to as of 'the Act') confirming the common order dated 6-11-1987 relating to village Pokhariapada under Pattamundai police station in Objection Case Nos. 51, 52 and 53 of 1983. The revision u/s 36 of the Act refers to certain salient facts in as much as the disputed lands were recorded in the name of Sri Gopinath Jew marfat Lokanath Das and Ors.. It is recorded that one Sunakar Das, successor of Raghunath Das and Dadhiram Das son of Chhayadhar Das by registered deeds of lease dated 7-2-1959 and 14-1-1961 leased out a portion of the suit land permanently in the name of one Sudarsan Sarangi who by registered sale deed dated 23-9-1961 transferred a portion of the suit land to one Paramananda Khandai. Such details of transfer have been referred to and dealt with. The revisional authority having considered the facts of the case and the orders of the authorities below observed that the opposite parties have admitted that the heirs and legal representatives of the recorded marfatdars have not filed any claim under the previsions of the Orissa Estates Abolition Act after vesting The property has not yet been settled either in the same of the deity or in the name of the marfatdars. By referring to a decision reported in 1967 CLT 655 (Narasingha Charan Rai and Anr. v. Radhagobinda Dev and Ors.) and Kanaka Barikani Vs. Chandra Sekhar Mahaprabhu and Others the revisional authority concluded that an intermediary has no right to maintain a suit after vesting without working out the remedies available under the Orissa Estates Abolition Act. Upon the aforesaid premises, it has been found that the claim of the opposite parties before the consolidation authorities is in the nature of a suit as the same involves determination of right, title and interest over the suit land. Thus a conclusion has been drawn as if the opposite parties having not filed any claim for settlement of the suit land after vesting under the provisions of the Orissa Estates Abolition Act, it must be held that the stand taken by the opposite parties is not sustainable and the suit-land cannot be recorded in the same of the opposite parties on the basis of anterior title. This conception appears to be thoroughly misconceived. Title is never extinguished unless it is determined in accordance with law. Section 6 of the Orissa Estates Abolition Act, 1951 lays down that with effect from the date of vesting, all homesteads comprised in an estate and being in the possession of an intermediary on the date of such vesting, and such buildings or structures together with the lands which they stand, other than any buildings, used primarily as offices or kutcheries or rest houses for estate servants on duty as were in the possession of an intermediary at the commencement of this Act and used as golas (other than golas used primarily for storing rent in kind), factories or mills for the purpose of trade, manufacture or commerce, or used for storing grains or keeping cattle or implements for the purpose of agriculture and constructed or established and used for the aforesaid purpose before the 1st day of January, 1948, shall, notwithstanding anything contained in this Act be deemed to be settled by the Government with such intermediary and with all the share-holders owning the estate who shall be entitled to retain possession of such homesteads or such buildings or structures together with the lands on which they stand, as tenants under the State Government subject to the payment of such fair a