JUDGMENT :

B.S. Chauhan, C.J. - This appeal has been filed against the judgment and order dated 30.7.2007 passed by the learned Single Judge in OJC No. 3788 of 1994, by which the judgments of the Authorities under the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972, (hereinafter called 'the Act') have been affirmed.

2. Appellant claims that in the year 1955, when he was in service paid the money to his two brothers i.e. Pravakar and Bhaskara to purchase the suit property from Brajananda Biswal and Jadumani Biswal. The property was purchased vide Regd. Sale deed dated 18.1.1955 in the names of the said two brothers though he had paid the entire sale consideration. After retirement in 1960,Appellant came to his village and ousted his two brothers from possession and continued to have exclusive possession of the land and thus acquired the title by adverse possession also.

3. In Consolidation proceedings in 1982, the land was shown in private Respondents' names. Appellant filed objection u/s 9(3) of the Act on the ground that initially private Respondents were merely benami owners and subsequently Appellant also acquired the title by adverse possession.