State Of Orissa & Anr vs Fakir Charan Sethi (Dead Through Lrs) & ...

3. The short case of the plaintiffs(respondents) before the learned Trial Court was to the effect that their father Nidhi Sethi who served under the Ex-ruler of Kanika Raja as a washer man was granted lease of the suit land measuring 4.16 acres covered under Sabik Plot No.292 appertaining to holding No.303 situated in Mouza Chandrasekharpur. According to the plaintiffs, the aforesaid land was leased to their father on 14.2.1942; possession of the land was delivered and rent paid by their father as tenant was accepted by the Ex-ruler. The plaintiffs further claimed that an unregistered Hatapatta (lease agreement) (Ext.1) was also granted by the Ex- proprietor in favour of the plaintiffs’ father. It was the case of the plaintiffs that since the date of the lease their father and thereafter the plaintiffs had been in possession of the suit land using the same for residential as well as agricultural purposes.

4. It was the further case of the plaintiffs, as stated in the plaint, that the intermediary interest in the estate including the suit land stood abolished and vested in the State Government sometime in the year 1954 under the provisions of the Orissa Estate Abolition Act, 1951 (hereinafter referred to as ‘the Abolition Act’). According to the plaintiffs, even thereafter, their father had paid rent to the State Government through the Tehsildar and had continued to be in possession of the suit land. It was also the case of the plaintiff that their father had died in the year 1967, whereafter, the plaintiffs continued to remain in possession. Furthermore, according to the plaintiffs, in the Record of Rights published in the year 1974 upon completion of settlement operation the land was shown as Government land; the said entry was on account of fact that the plaintiffs were living outside Orissa. In the Record of Rights pursuant to 1988 settlement the State Government was shown as the owner of the suit land with a note of forcible possession of the same by the plaintiffs against the remarks column. While the matter was situated, the defendants 3 and 4 in the suit i.e. Director of NCC and Defence Estate Officer attempted to trespass into the suit land. The suit in question was therefore filed seeking the reliefs earlier noticed.

16. However, in view of our conclusions on the issue of possession of the plaintiffs’ predecessors on the date of vesting of the land under the Abolition Act and the continuity of the tenure claimed by the plaintiffs after such vesting under Section 8(1) of the Abolition Act the plaintiffs’ suit is liable to be dismissed and the decree granting relief to the plaintiffs is required to be reversed. We, therefore, set aside the judgment and order dated 29.7.2000 passed by the High Court in F.A.No.10 of 2001 and allow Civil Appeal No. 1812/2010 challenging the said order. The remaining civil appeals shall stand decided accordingly. Specifically, the orders passed by the High Court in Writ Petition Nos. 7434 and 7962 of 2008 are set aside whereas Writ Petition No. 8874/2008 shall stand disposed on in terms of the order passed in Civil Appeal No. 1812/2008.

17. All the appeals shall stand decided in the above terms.