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1992 Supreme(Ori) 234

S.C.MOHAPATRA
RABINDRA MOHAPATRA – Appellant
Versus
SOURI PRASAD MALLA – Respondent


Advocates Appeared:
B.K. Das and A.P.K. Das, for the Appellant; P.K. Routray, P.K. Mohanty and P.K. Ray (O.P. No. 7), for the Respondent

JUDGMENT :

S.C. Mohapatra, J. - Petitioners applied to be impleaded as parties in the suit. The same having been refused, this Civil Revision has been filed assailing the order of the trial Court.

2. Suit is in respect of 19 decimals out of 57 decimals of land in plot No. 555, Disputed land is claimed to be the middle portion of the entire area. It is claimed by plaintiff that the entire area was recorded as "Puratana Patita" belonging to Raja of Burdhwan in Kujang Estate. In the year 1939, the same was settled with one Binakar Behera on occupancy basis. Binakar Behera being ettled raiyat of the village, he acquired occupancy right over the land and continued to pay rent in respect of the same being in cultivating possession. By the time Binakar died in the year 1970,his right as occupancy raiyat was protected u/s 8 of the Orissa Estates Abolition Act. Jamabandi was also filed in favour of Binakar. On death of Binakar, plaintiff purchased the land measuring 57 decimals from Simananda and Jagabandhu, two out of three sons of deceased Binakar, by registered sale deed dated 16-1-1984. He got delivery of possession and continued to enjoy the same. Defendant No. 2 is natural born third so












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