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2021 Supreme(Ori) 222

K.R.MOHAPATRA
Dasarath Sharma – Appellant
Versus
State Of Odisha – Respondent


Advocates Appeared:
S.P. Mishra, Advocate, Gautam Mukherji, Advocate, A.C. Panda, Advocate, S.D. Ray, Advocate, S. Sahoo, Advocate, S. Priyadarsini, Advocate, S. Panda, Advocate, Samapika Mishra, Advocate

JUDGMENT

K.R. Mohapatra, J. - This appeal under Section 100 of the Code of Civil Procedure, 1908 has been filed assailing the judgment and decree dated 16th January, 2018 passed by learned Additional District Judge, Jharsuguda in RFA No.07 of 2014 whereby he confirmed the judgment and decree dated 1st February, 2014 and 24th February, 2014 respectively passed by learned Civil Judge (Senior Division), Jharsuguda in TS No.220/100 of 1995-2004.

    1.1 For the sake of convenience, the parties are described as per their status in the trial Court.

2. Plaint averments in short reveal that Suit land in HS Khata No.93 and HS Plot No.121 (Gochar) measuring an area Ac.14.70 decimal of mouza Ekatali, which corresponds to MS Khata Nos.499 and 497 of Jharsuguda town Unit-I (Ekatali) in the district of Jharsuguda, was situated under a Gountiahi village under un-divided district of Sambalpur. As per the documents of administration, i.e., Wazib-ul-urj of said village, Lambardar Gountia of the village was entitled to reclaim and cultivate it and also to lease out the same to rayats/tenants for reclamation and cultivation without charging any Nazarana or Salami. The deceased plaintiff No.1, namely, Brunda

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