Saraswati v. Sandhya Das

 O.J.C. No. 6075 of 1997

09.10.2017 This matter is listed today in the to be mentioned category to re-hear the sam
e on some factual and legal aspect.
2. Heard learned counsel for the petitioners, learned counsel for the opposite pa
rties 1 to 5 and learned Addl. Government Advocate for opposite parties 6, 7 and 8.
3. In this case, the petitioners assail the order dated 10.03.1997 passed by lear
ned Commissioner, Consolidation in Consolidation Revision No.160 of 1987/344 of 1989, whereby
the learned Commissioner reversed the confirming judgment of the Deputy Director, Consolidatio
n, Kendrapara passed in Appeal No.145 of 1985, who upheld the order of the Consolidation Offic
er, Kendrapara passed in Objection Case No.939 of 1983.
4. The facts are not in dispute. Late Dhadi Das is the common ancestor of opposite partie
s 1 to 5. The petitioners claim that Dhadi Das had two naturally born daughters namely Paluni
and Puni. Dhadi Das died in the year 1934 prior to coming into force of the Hindu Succession A
ct, 1956. Paluni and Puni also died prior to 1956. During the life time of Dhadi Das, it is su
bmitted by the learned counsel for the petitioners that he adopted Dinabandhu and Dinabandhu s
ucceeded to his property. It is the positive case of the petitioners that his daughters-Paluni
 and Puni have no right of inheritance to his properties. It is not disputed that Bansidhar is
 the only son of Dinabandhu. Bansidhar died in the meantime and has been substituted by his le
gal heirs.

5. Learned Consolidation Officer, Kendrapara having considered the materials on record ca
me to the conclusion that the plea set up by the petitioner-Bansidhar before him that he is th
e adopted son of Dadhi Das has not been established. Accordingly, he held that Bansidhar is no
t the legal heir of Dadhi Das and he is not the adopted son. However, the learned Consolidatio
n Officer basing on field enquiry report of Consolidator Grade-II (C.G.-II) has come to the co
nclusion that Bansidhar Das has acquired title by way of adverse possession. The

order of the learned Consolidation Officer has been challenged by the appellant before the app
ellate court i.e. Deputy Director, Consolidation of Holdings, Kendrapara and the learned Deput
y Director has upheld the findings recorded by the learned Consolidation Officer denying the s
tatus of adopted son of Dinabandhu, but confirmed the findings recorded by the learned Consoli
dation Officer that Bansidhar has acquired title by way of adverse possession.