IN THE HIGH COURT OF ORISSA AT CUTTACK

RSA NO.220 OF 2006

From the judgment and decree learned Addl. District Judge,

Deogarh in Title Appeal No.03 of 2004 in confirming the judgment and

decree passed by the learned Civil Judge (Junior Division), Deogarh in

Title Suit No.15 of 1996.

Niranjan Patra

::::

Appellant.

-:: VERSUS ::-

Bhagaban Patra (since dead)

& Others

:::: Respondents.

Appeared in this case by Hybrid Arrangement (Virtual/Physical) Mode.

For Appellant ::::

Mr. B. Tripathy, P.K. Kuanr,

Advocates.

For Respondents ::::

Mr. B. Pradhan, S. Pradhan,

V. Narasingh,

Mrs. M.R. Behera,

A.K. Sahoo, U.K. Sahoo,

B.K. Nayak, K.K. Gaya,

Advocates, (For Res. No.1)

M/s. A.P. Bose, D.J. Sahoo, \

S.K. Hota, S.S. Dash,

Advocate, (For Res. Nos.2 & 3).

………

PRESENT :

THE HON’BLE MR. JUSTICE D.DASH

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Date of Hearing:: 30.09.2021 : Date of Judgment :: 26.10.2021

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The Appellants by filing this Appeal under Section-100 of the

Code of Civil Procedure (hereinafter called as ‘the Code’) have assailed

the judgment and decree passed by the learned Addl. District Judge,

Deogarh in Title Appeal No.03 of 2004.

// 2 //

By the impugned judgment and decree in the First Appeal filed

by the present Appellant under Section-96 of the Code, the lower

Appellate Court having dismissed the Appeal has confirmed the

judgment and decree passed by the learned Civil Judge (Junior

Division), Deogarh in Title Suit No.15 of 1996.

The Appellant being the Plaintiff before the Trial Court has been

non-suited, as his suit has been dismissed with the refusal to pass a

decree in his favour declaring him as the subsisting lessee in respect of

the Room No.1 situated in Rani Jyoti Manjari Market Complex under

Deogarh Municipality and declaring the original Respondent No.1 as

not the sub-lessee under him in respect of the said suit shop as also the

consequential relief of injunction.

It may be mentioned here that Respondent No.1 having died

during pendency of the Appeal, his legal representatives have come to

be arraigned as Respondent Nos.1(a) to 1(c).

Deogarh Municipality represented by the Chairman-cum-

Administrator and the Executive Officer have been arraigned as

Defendant Nos.1 and 2, who are the present Respondent Nos. 2 & 3.

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 assigned the position in the Trial Court.

// 3 //

3.

Plaintiffs’ Case:-

Deogarh Municipality being the owner of Rani Jhoti Manjari

Market Complex, the Plaintiff had applied for getting lessee of shop

No.1 in that Market Complex on payment of monthly rent. Said shop

room was allotted in his favour with the condition as to payment of

monthly rent of Rs.40/-. As directed therein in the allotment order, he

had deposited a sum of Rs.600/- as Salami and paid Rs.200/- as

donation. An agreement has been executed in this regard. The Plaintiff

possessed the said shop room. It is further stated that monthly rent was

enhanced from time to time which the Plaintiff was paying regularly

and during the year, 1996, when the suit was filed he was paying a sum

of Rs.114/- towards monthly rent for the occupation of the said shop

room. The rent has been paid up-till the month of July, 1996.

It is his further case that he had opened a grocery shop in that

shop room and subsequent thereto, he was running a readymade

garment shop in the name and style of ‘Omkar Fashion Centre’. It is

also stated that one Dhaneswar Patra was the salesman in the shop

being under the employment of the Plaintiff. The Plaintiff during all the

period was selling coconut and other such items used in Puja and other

religiou