Orissa Court October 1946 Judgments

Nila Padhan and ors. Vs. Gokulananda Padhi and ors.

Court: Orissa

Reported in: AIR1952Ori118

Ray, C.J.1. The short synopsis of facts giving rise to this litigation are that the disputed lands were Bhogra lands within the proprietary right of one Bida Babu. The said right has now been acquired by the plff. & on the strength of the proprietary right he sues for possession of the lands in ejectment of the defts. It is deft. 4 alone who is interested in the controversy. He demurs to the plff's. suit on the plea that the lands had been demised on a permanent lease to his father (Kumuda) in the year 1915, & that since then his father & after him he himself have been in continuous possession. The only break, if any, in the continuity, as is put by the deft, consisted in one 'Lambardar' occupying it on his behalf. The plff. in the year 1939, brought a suit in ejectment against 'Lambardar & obtained a decree for possession. He put the decree into execution & got writ of delivery of possession executed. Whether, as a result of such execution, he got actual possession is a matter, in dis...