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2019 Supreme(Ori) 318

A.K.RATH
Manoj Kumar Panda – Appellant
Versus
State of Orissa – Respondent


Advocates Appeared:
L.K. Maharana, Adv., R.P. Mohapatra, Adv.

JUDGMENT :

A.K. Rath, J.

Plaintiff is the appellant against a confirming judgment in a suit for perpetual injunction.

2. Case of the plaintiff was that the suit land was originally recorded in the name of Sankar Pratap Mahindrabahadur Singh Deo. The kissam of the land was Anabadi. In the settlement R.O.R. of the year 1965, there was a note of possession of Purnananda Sidha Brahmachari Guru Shree Sarba Nanda Sidha Brahmachari since 1954. After him, his disciple Dibyananda Sidha Brahmachari and thereafter his disciple Gouranga Sidha Brahmachari was in possession of the suit land without any interruption. On 17.2.1986, Dibyananda Sidha Brahmachari entered into an agreement to sale the land with the plaintiff for a consideration of Rs. 4,000/- During rent revision settlement of Dhenkanal town of the year 1989, the suit land was recorded in the name of the State in Anabadi khata with a note that it was the ceiling surplus land of Sankar Pratap Singhdeo Mahindra Bahadur. The vesting of land under OLR Act is illegal, since Chapter IV of the OLR Act came into force on 7.1.1972. By that time, defendant no.3 and his ancestors had acquired title by way of adverse possession. The suit land does n

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