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1986 Supreme(Ori) 273

L.RATH
SUNDAR ORAM – Appellant
Versus
BUDHUA ORAM – Respondent


Advocates Appeared:
P.K. Misra and N.C. Pati, for the Appellant; Y.K. Mohanty, for the Respondent

JUDGMENT :

L. Rath, J. - This is an appeal against a confirming judgment of the Subordinate Judge, Rourkela in a suit instituted for declaration of title, confirmation of possession or in alternative for recovery of possession in respect of Ac.4.19 decimals of land.

2. Briefly stated, the Plaintiff-Respondent No. 1 instituted the suit making the averment that he belongs to the aboriginal tribe of Oram community and had no land sufficient for agricultural purposes and as such he had reclaimed the suit land which was originally Government Anabadi land and after reclaiming had started cultivating the same. During the major settlement operations an encroachment case was stated against the Respondent No. 1 since he was in possession of the suit land. He appeared before the settlement authorities and in that encroachment case the land was settled with him on raiyati status, on his paying the full demand. Thereafter draft R.O.R. was granted in his favour. Final R.O.R. published with effect from 1-4-1976 also shows him recorded as the Raiyat in respect of the suit land. As the Defendants i.e., Respondents 2, 3, 4, 5 & 6 and the father of Respondent No. 7 as also the Respondent No. 2 illegall










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