Court affirmed ownership rights of villagers based on evidence of possession and previous judgments, stating service-based claims cannot override established titles.

JUDGMENT :

K.R. Mohapatra, J.

1. This matter is taken up through hybrid mode.

2. The writ petition has been filed assailing the order dated 7^th January, 2000 (Annexure-5) passed by the Joint Commissioner, Settlement and Consolidation, Berhampur in R.P. No.1034 of 1992, whereby setting aside the order dated 29^th June, 1985 (Annexure-2) passed by the Consolidation Officer in Objection Case No.1647 of 1984 and order dated 6^th July, 1992 (Annexure-4) passed by the Deputy Director, Consolidation, Berhampur in Consolidation Appeal Case No.2 of 1992, the revision petition filed under Section 36 of the Odisha Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (for brevity ‘the Consolidation Act’) was allowed.

3. Mr. Mantry, learned counsel for the Petitioners made a lengthy argument on different dates. The gist of the submission made by Mr. Mantry, learned counsel for the Petitioners is that the land in question was recorded in the name of village Biswanathpur (Brahmin Sasan) and Opposite Party Nos.3 and father of Opposite Party No. 4 are shown to be the marfatdars of the case land, which is the main grievance of the Petitioners in this writ petition. It is his submission that for some time, the predecessors of the Opposite Party Nos.3 and 4 were rendering service as barber and in lieu of their service they were given five to seven varans of paddy. The villagers of Brahmin Sasan were in possession of the said Ac.13.57 decimals raiyati land in their village, which was recorded as “Grama Kotha” represented through the Petitioners as marfatdars. The land was Bramhadoya Inam granted by Raja of Sanakhemundi besides other Inam lands to the villagers. Out of the aforesaid land, the usufructs of Ac.8.50 decimals land were spent for Jani Jatra and other expenses of the village deity, namely, Shri Kapileswar Mahadev. Usufructs of about Ac.3.00 decimals of land were being spent for remuneration to the washermen, who served the villagers and usufructs of Ac.1.81 decimals of land from sabik Plot No.117 were spent for payment of remuneration to the Barbers, who were rendering their services to the Brahmin Sasan. The said sabik Plot No.117 to an extent of Ac.1.81 decimals of land corresponds to L.R. Khata No.89 consisting of four plots of land is the disputed property (for brevity ‘the case land’). The village servants are appointed and removed according to the decision of villagers of said sasan. They never possessed any land of the Grama Kotha at any point of time. Five washermen were removed from rendering their services by the villagers, who attempted to possess Ac.3.00 decimals of land, usufructs of which were meant for their remuneration. Since they disturbed possession, the villagers through their representatives, Arta Tripathy and Satyabadi Rath filed O.S. No.893 of 1940 for permanent injunction, which was decreed vide judgment dated 24^th October, 1941. Likewise, the villagers also filed O.S. No.102 of 1943 against non- Brahmin Archaks of the village deity, who were subsequently removed from service. Some of the removed Archaks alienated different portions of land out of the Kotha land in favour of outsiders and therefore, prayer was made in the suit for a declaration that alienation does not affect the possession and title of the villagers and for permanent injunction. The said suit was also decreed vide judgment dated 24^th February, 1945. The alienees being aggrieved filed T.A. No.48 of 1947, which was dismissed. They also tried their luck before this Court in S.A. No.161 of 1947. The second appeal was also dismissed. In the said suit