JUDGMENT :

S. Muralidhar, J.

1. Writ Petition (Civil) No.3687 of 2002 and the connected First Appeals and CMPs arise out of the common set of facts and accordingly they are disposed of by this common judgment.

Background Facts

2. The present case concerns acquisition of land measuring Ac.288.89 decimals in mouza Bidyadharpur in 12 numbers of different blocks under Khewat Part 3(1), which was a ‘Nijadakhal’ land of Raja Radhanath Bebarta Pattnaik under the Beheldars (intermediaries) Radhakrishna Bharati and others. The rent for the lands were purportedly paid by Raja Radhanath Bebarta Pattanaik to the three Beheldars (intermediary/ zamindars) excluding the fourth Beheldar Sri Chintamani Behera.

3. It is claimed by the Opposite Parties in the writ petition/ Respondents in the appeals, that the said land were not within the territorial jurisdiction of Athagarh Estate. It is claimed that in the instrument of merger of Athagarh Estate, the lands have not been included.

4. Due to non-payment of rents, the Beheldars Chintamani Behera and Bhagaban Das filed Rent Suit No.80 of 1958-59 in the Revenue Court against Raja Radhanath Bebarta Pattnaik for realization of rent for the years 1955-56, 1956-