Plaintiffs appealed a dismissal of their suit for permanent injunction regarding disputed suit land. The High Court held the suit barred as pending O.E.A. appeal confirms defendant settlement and plaintiffs lack possession despite title dispute.
None; appeal dismissed with no costs, affirming dismissal of plaintiffs' suit for permanent injunction.
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HIGH COURT OF ORISSA: CUTTACK
S.A.No.88 of 1995
From a judgment and decree dated 30.1.1995 and 10.2.1995 respectively passed by Shri R.Dash, learned District Judge, Cuttack in Title Appeal No.67 of 1990 confirming the judgment and decree dated 22.9.1990 and 27.10.1990 passed by the learned Second Munsif, Cuttack in T.S.No.62 of 1978.
| ------------- Dhaneswar Das and others …. |
Appellants |
|---|---|
| Versus | |
| Madhabananda Jew Bije Mahadev and others …. |
Respondents |
| For Appellants -- |
Mr.D.P.Mohantry, Advocate |
| For Respondents -- | Mr.R.C.Rath, Advocate (For R.3 to 5) |
J U D G M E N T
PRESENT:
THE HONOURABLE DR. JUSTICE A.K.RATH Date of Hearing & Judgment: 12.10.2017
Dr.A.K.RATH, J. This is a plaintiffs’ appeal against confirming judgment
in a suit for permanent injunction.
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defendant no.2. The estate vested in the State in the year 1963-64. Banchhanidhi Tripathy had three sons, namely, Sricharan, Ghanshayam and Balaram. Sricharan died leaving behind his only daughter, Basanti-defendant no.3. Ghanshyam died leaving behind his only son, Debi-defendant no.4. The further case of the plaintiffs is that their fathers were in cultivating possession of the suit land as bhag tenants for the last 45 years. They used to pay rajbhog. Thereafter they are in possession of the lands. They filed three separate O.L.R. cases bearing no.344/76, 333/76 and 696/76 respectively before the Tahasildar, Niali under Section 36(A) of the Orissa Land Reforms Act (in short “O.L.R.Act”). The Tahasildar, Niali by its order dated 7.2.77 came to a finding that as the suit land vested in the State Government free from all encumbrances, their applications under Section 36(A) of the O.L.R. Act were not maintainable. The defendant nos.2 to 4 claiming to be the legal heirs of Banchhanidhi threatened them to dispossess from the suit land. With this factual scenario, they filed the suit seeking the reliefs mentioned supra.
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Appeal No.9/83, which is sub-judice. It is further pleaded that they are in possession of the suit land. The plaintiffs are not in possession of the suit land. The other defendants did not contest the suit and as such they were set ex parte. It is apt to state here that during pendency of the suit, Kurhsna Chandra Deba Goswami expired and as such defendants 1(a) to 1(d) were substituted as marfatdars and out of them, defendant no.1(a) died during pendency of the suit without leaving any legal heir. His name was expunged from the cause title. The original defendant no.2, Balaram Tripathy, also died during pendency of the suit and as such his legal heirs, defendants no.2 (a) and 2(b) had been substituted in his place, out of whom, defendant no.2 (a) died. His name was also deleted.
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……..………………….. Dr.A.K.Rath, J.
Orissa High Court, Cuttack. The 12th October, 2017/CRB
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2 issues framed by the court
Whether the jurisdiction of Civil Court is barred under Section 67 of the O.L.R. Act?
Whether a simple suit for permanent injunction is maintainable when title and possession are in dispute?
Colour shows how this judgement treated each authority
Anathula Sudhakar Vrs. P. Buchi Reddy (Dead) by L.Rs. and othersExplained¶24
AIR 2008 SC 2033 · Who else cites this
2 provisions across 2 enactments
Dhaneswar Das and others
Madhabananda Jew Bije Mahadev and others
Dr.A.K.RATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Dr.A.K.RATH
Parties & counsel
