Manik v. State
Case brief
What is this about?
In an appeal against the dismissal of a suit for declaratory relief and permanent injunction regarding occupancy rights, the High Court held the appeal lacked merit.
What did the court decide?
The appeal was dismissed; the plaintiff's claim for declaration of occupancy and permanent injunction was rejected.
What the court decided
HIGH COURT OF ORISSA: CUTTACK
S.A. No.140 of 1994
From the judgment and decree dated 10.12.1993 and 23.12.1993 respectively passed by Sri M.R. Behera, learned Addl. District Judge, Kendrapara in T.A. No.32 of 1991 confirming the judgment and decree dated 28.3.1991 and 15.4.1991 respectively passed by Sri P.R. Bohidar, learned Munsif, Kendrapara in T.S. No.256 of 1987.
Manik Paramanik (since dead) through L.Rs.
…….………… Appellants ……………… Respondents
--versus—
State of Orissa and others ………………
For Appellants : Mr. L.K. Moharana, Advocate
For Respondents : Mr. R.P. Mohapata, A.G.A.
(For R-1 and 2)
J U D G M E N T
Issues for consideration
3 issues framed by the court
Whether the suit land is identifiable given the vague description of specific portions of records.
Whether the appellant has shown he is a settled raiyat entitled to a right of occupancy.
Whether the suit is maintainable after the operation of the Orissa Estates Abolition Act.
Parties & counsel
- appellant
S.P. Mishra (L.Rs. of Manik Paramanik)
- respondent
State of Orissa
Coram
A.K. Rath
Case details
As recorded by the court registry
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