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2022 Supreme(Ori) 204

D.DASH
Doma Behera – Appellant
Versus
State of Orissa, represented through the Collector, Puri – Respondent


Advocates Appeared:
For the Appellants : M/s. A.P. Bose, S.K. Mohanty, D.P. Pattanayak & N. Das.
For the Respondents: Mr. B. Panigrahi, ASC.

JUDGMENT :

D. Dash, J.

The Appellants, by filing this Appeal, under Section-100 of the Code of Civil Procedure, 1908 (for short, ‘the Code’), have assailed the judgment and decree passed by the learned District Judge, Puri, in Title Appeal No.30 of 1997.

By the same, the Appeal filed by these Appellants, being the unsuccessful Plaintiffs, under section 96 of the Code has been dismissed and thereby the judgment and decree dated 13.01.1997 and 27.01.1997 respectively passed by the learned Civil Judge, Senior Division, Puri in Title Suit No.101 of 1991, have been confirmed. These Appellants have thus been non-suited.

2. For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to, as they have been arraigned in the Trial Court.

3. The Plaintiffs’ case is that on 05.04.1939, they came to possess the suit land taking the same on lease from Maulabi Mirja-Tar Begum, who had executed a unregistered patta in their favour. It is stated that since then, they possessed the suit land, planted varieties of trees over there and went on paying the rent. It is their case that during Settlement Operation, not final Parcha and Yadast although

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