The court held that lands classified as Khudkast vest with the State following the abolition of the Thikadari system, negating prior claims made by the plaintiff.

JUDGMENT :

ANANDA CHANDRA BEHERA, J.

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

2. The appellant in this 2^nd Appeal was the defendant before the Trial Court in the suit vide T.S. No.45 of 1984 and respondent before the First Appellate Court in the 1^st Appeal vide T.A. No.38 of 1986.

The respondent in this 2^nd Appeal was the sole plaintiff before the Trial Court in the suit vide T.S. No.45 of 1984 and appellant before the First Appellate Court in the 1^st Appeal vide T.A. No.38 of 1986.

3. The suit of the plaintiff (respondent in this 2^nd Appeal) against the defendant (appellant in this 2^nd Appeal) vide T.S. No.45 of 1984 was a suit for declaration and permanent injunction.

4. The suit land is Ac.0.92 decimals of Sabik Plot No.74 out of Ac.1.60 decimal under Sabik Khata No.10 in Mouza Tetelpada under Komna P.S. in the District of Kalahandi.

According to the plaintiff, he is the grand son of Sahadev Sahoo. Sahadev Sahoo had 4 sons namely, Anand, Madanmohan, Paramanand, Jayaram. Hrushikesh (plaintiff) is the son of Anand. His ancestors were the Ex-Thikadars of their village and they were in possession of “Sir” and “Khudakasta” lands of village Tetelpada under Komna P.S. in the District of Kalahandi till the abolition of Thikadari system. The suit land i.e. Ac.0.92 Decimal is a portion of an embankment of a tank.

The suit plot No.74 along with other plots being Khudakasta lands were recorded in Bebandabosta Khata No.10 in the Sabik Settlement. As the suit plot No.74 was under the Bebandabosta Khata, for which, the Tahasildar, Nuapara started O.E.A. Case No.55 of 1976 and illegally settled an area of Ac.0.68 Decimals out of Ac.1.60 Decimals from suit Sabik Plot No.74 in the name of Paramananda Sahoo i.e. Son of Sahadev Sahoo as per final Order dated 14.02.1977 passed in that O.E.A. Case, but, in fact the suit plot No.74 Ac.1.60 decimals was under the exclusive possession of the plaintiff since last 50 years, for the reasons that, the total area of the said Sabik Plot No.74 was allotted to him (plaintiff) in a family settlement made by his grand father i.e. Sahadev Sahoo. So, by virtue of such family settlement, he (plaintiff) was possessing the entire suit plot No.74 for an area of Ac.1.60 Decimals. For which, he (plaintiff) has right, title, interest over the suit plot No.74. The area of the embankment of the tank i.e. suit plot No.74 was big in size, for which, he (plaintiff) was repairing the same from time to time and he was also growing crops on the same, such as Mustard & Bajra etc. As the plaintiff was/is in possession over suit plot No.74, for which, the settlement authorities after making due enquiry noted the possession of the plaintiff in the Remarks Column of the R.o.R of Sabik suit plot No.74, which was finally published on dated 01.04.1965. In spite of recording of his possession in the Remarks Column of the suit plot No.74, the Tahasildar, Nuapara settled Ac.0.68 Decimals out of Ac.1.60 Decimals from suit plot No.74 illegally in the name of Paramananda Sahoo behind the back of the plaintiff in O.E.A. Case No.55 of 1976. The said Paramananda Sahoo is the younger brother of the father of the plaintiff and after settlement of that Ac.0.68 Decimals out of Ac.1.60 Decimals of land from suit plot No.74 in the name of Paramananda Sahoo, the remaining properties of that suit plot No.74 i.e. Ac.0.92 Decimals (those are the suit land) have been erroneously recorded in the last Hal Settlement under Rakshit Khata in the name of Government of Orissa. For which, after the above settlement of Ac.0.68 Decimals of land from su