P.K.TRIPATHY
KASINATH MUDULI – Appellant
Versus
STATE OF ORISSA – Respondent
JUDGMENT :
P.K. Tripathy, J. - Heard further argument and perused the judgment of the Trial Court.
2. Plaintiffs filed Title Suit No. 36 of 1976-1 seeking a decree of declaration of right and title, confirmation of possession and permanent injunction against the Defendants on the ground that the suit property belonging to the ex-intermediary (Sarbarakar) was settled in favour of their transferee Lingaraj Hota as per Order dated 28.09.1974 in Misc. Case No. 1257 of 1968 (Ext. 1) and thereafter they (Plaintiffs) jointly purchased that land under registered sale deed dated 24.01.1976 and took possession of the land and possessed the same asserting right, title and interest. Certified copy of that sale deed is Ext.4. Defendant No. 1, i.e., State of Orissa, taking advantage of the settlement record showing the disputed property as 'Anabadi' land (waste land), started making lease of the said land in favour of Defendants No. 2 to 9 for fishery purpose giving rise to the dispute and the cause of action for the suit. Accordingly, Plaintiffs filed the suit for the aforesaid relieves. Defendant No. 1 and also Defendant Nos. 2 to 9 filed separate written statements, but the plea advanced by the
Rameshwar Prasad and Others Vs. Shyam Beharilal Jagannath and Others
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