Latika Kar v. State
Case brief
What is this about?
An appeal challenging the dismissal of a suit seeking declaration of right of user and correction of record of right. The High Court held the suit time-barred and characterized the prior possession as a licence granting communal rights rather than an exclusive lease.
What did the court decide?
Appeal dismissed; relief claimed in suit did not get granted.
What the court decided
IN THE HIGH COURT OF ORISSA AT CUTTACK
RSA No. 88 of 2013
[In the matter of an appeal under Section 100 of the Code of Civil Procedure, 1908.
--------------- AFR Latika Kar & others ...… Appellants -VersusState of Odisha & others ….. Respondents
Advocate(s) appeared in this case :-
For Appellants : M/s. Sourya Sundar Das, Sr. Advocate
With M/s. K. Behera, S. Modi,
P.K. Ghosh, S.S. Pradhan, S. Pradhan &
M. Pattnaik, Advocates.
For Respondents: M/s. S. Pattanaik,
Addl. Government Advocate
_
CORAM
JUSTICE SASHIKANTA MISHRA
JUDGMENT
13th December, 2023
SASHIKANTA MISHRA, J. The present appeal is directed against
the judgment dated 02.02.2013 passed by learned District Judge, Khurda in RFA No. 37 of 2008, whereby the judgment passed by learned 2nd Additional Civil Judge (Sr.
Division), Bhubaneswar in Title Suit No. 119/440 of Signature Not Verified
Issues for consideration
2 issues framed by the court
Whether the suit for correction of record of right was barred by limitation under Section 42 of the Orissa Survey and Settlement Act and Article 58 of the Limitation Act?
Whether the disposition of suit land under the settlement record was in the nature of a lease or a licence?
Parties & counsel
- appellant
Latika Kar & others
- respondent
State of Odisha
Coram
SASHIKANTA MISHRA
Case details
As recorded by the court registry
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