A permanent tenant cannot transfer ownership rights over leased property, and the landlord retains conventional ownership despite errors in land records.

JUDGMENT :

A.C. Behera, J.

This 2nd Appeal has been preferred against the reversing Judgment.

2. The appellant of this 2^nd Appeal was the defendant before the Trial Court in the suit vide C.S. No.970 of 2006-I and the appellant was the respondent before the First Appellate Court in the 1^st Appeal vide R.F.A. No.147 of 2009-I.

The respondent No.1 of this 2^nd Appeal was the sole plaintiff before the Trial Court in the suit vide C.S. No.970 of 2006-I and he was the appellant before the First Appellate Court in the 1^st Appeal vide R.F.A. No.147 of 2009-I.

The respondent No.2 to 5 have been impleaded as parties in this 2^nd Appeal as per Order dated 22.04.2024 passed in I.A. No.655 of 2023.

3. The suit of the plaintiff (respondent No.1 of this 2^nd Appeal) vide C.S. No.970 of 2006-I against the defendant (appellant of this 2^nd Appeal) was a suit for declaration.

4. According to the plaintiff, the suit properties are Hal Plot Nos.137,138,140 & 141 in total Ac.0.38 Decimals under Hal Khata No.275 in Mouza Gopalgaon under Town PS of Balasore District corresponding to CS Plot No.37 under C.S. Khata No.39.

The suit properties along with other properties were acquired by the Balasore Municipality (defendant) as per the provisions of Land Acquisition Act and after acquisition of the suit properties, Balasore Municipality became the exclusive owner of the same and leased out the suit properties to Sk. Mahiuddin Abdul Kadar and Gulam Mahiuddin and on the basis of the said lease, the lessee of the suit properties i.e. Sk. Mahiuddin Abdul Kadar and Gulam Mahiuddin possessed the suit properties and reclaimed the same and made it fit for house and homestead and constructed their residential house on the same by digging a tank, installing limekiln and raising various fruits bearing plants therein. One of the lessee i.e Gulam Mahiuddin sold his half interest in the suit properties to the other lessee i.e. to Sk. Mahiuddin Abdul Kadar through R.S.D. dated 08.05.1957 and after purchasing the half interest of Gulam Mahiuddin in the suit properties, the other lessee i.e. Sk. Mahiuddin Abdul Kadar became the exclusive owner over the entire Ac.0.38 Decimals suit properties and mutated his name in the Municipality office in place of Gulam Mahiuddin and paid the rent of the suit properties to the Municipality (defendant). When, the defendant (Balasore Municipality) created disturbances In the possession of that Sk. Mahiuddin Abdul Kadar giving threat for creation of third party interest therein, then, Sk. Mahiuddin Abdul Kadar instituted a suit vide O.S. No.39 of 1973 against the defendant for declaration of his right, title and interest over the suit properties and to injunct the defendant (Balasore Municipality) from creating any sort of disturbance in his possession over the suit properties. The said suit vide O.S. No.39 of 1973 of the Sk. Mahiuddin Abdul Kadar was decreed against the defendant. Then, on being aggrieved with the Judgment and Decree of the suit vide O.S. No.39 of 1973 passed in favour of Sk. Mahiuddin Abdul Kadar, the defendant municipality preferred an appeal before the First Appellate Court vide S.J.A. No.17/8 OF 1976/76-I. That 1^st appeal of the defendant was dismissed and the Judgment and Decree of the Trial Court passed in O.S. No.39 of 1973 in favour of the Sk. Mahiuddin Abdul Kadar was confirmed.

Thereafter, Sk. Mahiuddin Abdul Kadar sold the suit properties to the plaintiff i.e Abdul Kadar Dahlani for a consideration of Rs.5,000/- and delivered possession thereof and since, the date of purchase, the plaintiff possessed the suit properties exclusively after purchasing from