Settlement of land under the Odisha Estates Abolition Act is invalid if made in favor of a deceased person, as it cannot create legal ownership post-vesting with the State.

JUDGMENT :

A.C. Behera, J.

This second appeal has been preferred against the confirming judgment.

2. The appellant in this second appeal was the sole plaintiff before the Trial Court in the suit vide T.S. No.20 of 1983 and appellant before the First Appellate Court in the First Appeal vide T.A. No.18 of 1989.

The respondents in this second appeal were the defendants before the Trial Court in the suit vide T.S. No.20 of 1983 and respondents before the First Appellate Court in the First Appeal vide T.A. No.18 of 1989.

3. The suit of the plaintiff (appellant in this second appeal) before the Trial Court vide T.S. No.20 of 1983 against the defendants (respondents in this second appeal) was a suit for eviction.

4. According to the pleadings of the plaintiff, the suit land is A0.14 decimals out of A0.78 decimals of Plot No.4764 under Khata No.1643/4 in ward No.18 of Baripada Municipality described in Schedule ‘A’ of the plaint.

As per the averments made in the plaint of the plaintiff, the entire Plot No.4764 measuring an area A0.78 decimals originally belong to Narayan Mishra Panigrahi (grandfather of the plaintiff).

Narayan Mishra Panigrahi died in the year 1939 leaving behind his three sons i.e. Krishnna Chandra Mishra, Purnna Chandra Mishra and Nilamani Mishra alias Nilamber Mishra.

Krishnna Chandra Mishra died in the year 1978 leaving behind the plaintiff along with his widow mother and other brothers.

After the death of Narayan Mishra Panigrahi in the year 1939, the suit Plot No.4764 along with other properties left by him devolved upon his three sons i.e. Krishnna Chandra Mishra, Purnna Chandra Mishra and Nilamani Mishra. Subsequent to the death of Narayan Mishra Panigrahi, his three sons including the father of the plaintiff partitioned their all joint properties including the suit Plot No.4764. In such partition, the suit Plot No.4764 along with some other properties fell into the share of the father of the plaintiff i.e. Krishnna Chandra Mishra.

When Krishnna Chandra Mishra died in the year 1978, then, the plaintiff filed a suit vide T.S. No.20 of 1968 against his brothers and mother for partition of his own share in the properties left by his father including the suit Plot No.4764. In such partition, the suit Plot No.4764 fell into the share of the plaintiff and accordingly, the plaintiff is the owner of the suit properties.

Krishnna Chandra Mishra (father of the plaintiff) during his life time, he (Krishnna Chandra Mishra) had given different portion of suit Plot No.4764 to different persons on lease basis. The suit land described in Schedule ‘A’ measuring an area of A0.14 decimals was leased out by Krishnna Chandra Mishra (father of the plaintiff) in favour of the father of the defendant Nos.1 to 3 and husband of the defendant No.4 i.e.

Nakula Behera in the year 1942 through a lease deed.

On the strength of such lease deed, Nakula Behera was possessing the suit land, but, in the year 1964, the suit land vested in the State of Odisha, because the suit plot was lakhraj land. After vesting of the suit properties in the State, Krishnna Chandra Mishra applied before the O.E.A. Collector for settlement of the suit properties in his name. The O.E.A. Collector settled the suit properties in the name of Lakhrajdar i.e. in the name of his grandfather Narayan Mishra Panigrahi. As Nakula Behera (predecessor of the defendants) was under the permissive possession over the suit properties under the plaintiff on the basis of the lease deed, for which, after vesting of the suit properties in the State, the plaintiff requested Nakula Behera to vacate the possession of the suit land, but, as Nakula