Orissa Court February 1963 Judgments
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Naban Bewa Vs. Nabakishore Samal
Court: Orissa
Decided on: Feb-25-1963
Reported in: AIR1964Ori16; 29(1963)CLT428
Das, J.1. This is a defendant's appeal against the reversing judgment of the Additional District Judge of Cuttack, arising out of a suit for declaration of title and recovery of possession.2. The disputed land measuring 16 decimals forms part of plot No. 1082 which comprises a total area of 24 decimals. The land originally was the Nijjote land of the zamindar Umesh Chandra Roy, who by an unregistered patta Ext. 1 dated 7-4-45 settled the land in favour of the plaintiff. According to the plaintiff he cultivated the suit land on Bhag for a period of about 15 years prior to the execution of Ext. 1 and he also continued to remain in possession after Execution of Ext. 1 and had acquired an occupancy right therein. The defendant who was in possession of eight decimals of his homestead towards the south-west of the said plot, being instigated by the enemies' of the plaintiff created trouble in the possession of the plaintiff for which a proceeding under Section 145 Cr. P. C. was started in wh...
Dharmu Bharati and ors. Vs. Buli Dei and ors.
Court: Orissa
Decided on: Feb-18-1963
Reported in: AIR1964Ori25; 29(1963)CLT350
R.K. Das, J.1. This is a plaintiffs' appeal against the confirming judgment of the Subordinate Judge of Puri in a suit for declaration of title and Recovery of possession in respect of A 2. 551/2 of land, mentioned in Schedule Ka of the plaint.2. Danei, father of plaintiffs 1 to 4 is a seaparated brother of Bhima who died in the year 1919 leaving his widow Suna. It is the plaintiffs' case that Suna remarried sometime in 1920 or 1921 to one Bisi who also died two years after the marriage. After Bisi's death Suna remained as concubine of one Ananta Bharati and defendant No. 1 Buli Dei is the daughter of said Ananta Bharati through Suna. In 1927 Suna executed a deed of gift in respect of the suit property in favour of defendant No. 1. On 10-3-1953, defendant No. 1 executed a sale-deed (Ext. 8) in favour of defendant No. 4 in respect of Ka schedule property of the plaint. Suna died in the year 1953 and the suit was filed in theyear 1954 as the defendants threatened to dispossess the plaint...
Damodar Patra and ors. Vs. Kanchan Sahuani and ors.
Court: Orissa
Decided on: Feb-12-1963
Reported in: AIR1963Ori140
G.K. Misra, J. 1. The legal representatives of defendant No. 1, defendants 2 and 3 and 5 are the appellants. The plaintiffs' suit is for declaration of title and recovery of possession of the disputed lands described in items 1 to 14 of the plaint, with a further declaration that the order (Ext. 3) passed in a proceeding under Section 145 Cr. P. C. on 8-10-48 is illegal and not binding on the plaintiffs. The plaintiffs purchased the disputed properties from defendant No. 7 on 4-6-46 by a registered sale deed (Ext. 1). Defendant No. 7 had the occupancy right and he had got the melavaram right in 1900 as Bajantri Jagir from the Zamindar of Sharakote on payment of quit rent. Defendants 1 to 6 trespassed upon the disputed lands. A proceeding under section 145 Cr. P. C. was started, in which possession was declared in their favour.2. The defendants do not raise any dispute with regard to items Nos. 3 and 13. So the plaintiffs are entitled to recover possession of these lands. Defdts. 1 to 3...
Aparti Bewa Vs. Suna Stree
Court: Orissa
Decided on: Feb-11-1963
Reported in: AIR1963Ori166
G.K. Misra, J.1. Defendant No. 1 is the appellant against a reversing judgment. The plaintiff's suit is for declaration of title and confirmation of possession or in the alternative for recovery of possession. A genealogy appended to the plaint would show the relationship of the parties. SAITA | ____________________ ______________________ | | | Rushi Pathani Daughter --Widow Aparti W- Pana Bewa Sona Street D.1 D.2 Plaintiff. | | Chakra. Daughter Mst. Hira (died).The plaintiff's case is that Rushi and Pathani died in a divided status and the disputed properties fell to the share of Pathani. Pathani died before 1932. Soon after Pana (defendant No. 2) was remarried. So in the settlement of 1932 the daughter Hira was recorded. Hira died on 13-11-57 and after her death the plaintiff is entitled to the property and the possession thereof.2. Defendant No. 1 alone contested the suit. She took two-fold defence. Firstly, the plaintiff was the daughter of one Kantha Jena and not the daughter of S...
Smt. Rajeshwari Poddar Vs. Sub Collector of Berhampur
Court: Orissa
Decided on: Feb-06-1963
Reported in: AIR1964Ori12
Narasimham, C.J.1. This is an appeal from the judgment of the District Judge of Berhampur, awarding compensation at a certain figure to the appellant, on a reference made to him under Section 18 of the Land Acquisition Act, 1894.2. The appellant purchased 3.33 acres of land appertaining to survey Nos. 226 and 224 in village Sankarpur, from the previous owners by a sale deed, Ex. 1 dated the 10th December 1947 for Rs. 27,500/- The plots are situated in the outskirts of Berhampur town, and abut the Berham-pur-Aska high Rd. That area was steadily developing for industrial purposes, and adjacent west of the plots there was already in existence a timber depot belonging to another person. The appellant being the wife of a marwari businessman, obviously purchased the plot, not for the agricultural purposes, but, as stated by her husband P. W. 7 for the purpose of establishing some industry or workshop. The land was somewhat on a lower level than the Aska Road, and the owner raised it by filli...
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