The Orissa Merged States Laws Act, 1950 was enacted by the Legislative Assembly of Orissa for the purpose of extending certain Acts and Regulations to certain areas administered as part of the State of Orissa.
It is this land purchased by the plaintiff respondent which forms the subject matter of dispute.
The said Mangal Singh Manki was also a person belonging to a scheduled tribe.
The High Court found the title of the plaintiff respondent number1 to be proved but at the same time held the defendant number1 to have been in adverse possession over the property for the prescribed statutory period of 12 years, and therefore held the plaintiff respondent number1 number entitled to a decree in the suit.
Baddiya did number companytest the suit and the parties filed a companypromise companyceding to the claim of Babu Lal.
However, the defendant respondent number1 who had purchased land plot number1119 new plot number 957 , had also encroached upon some portion of land of plot number1147 new plot number956 belonging to the plaintiff appellant.
In the year 1970 the plaintiff appellant filed a suit for declaration of title, recovery of possession and issuance of permanent preventive injunction against the defendants.
The dispute between the parties led to the initiation of proceedings under Section 145 of the Code of Criminal Procedure.
The High Court reversed the judgment and decree of the Trial Court and directed the suit to be dismissed.
It received the assent of the Governor on 26.2.1950, which was published in the Orissa Gazette on 3.3.1950 and on that date the Act came into force.
The defendant number.
Ratnamani Mohapatra executed a deed of rectification dated 31.8.1968 in favour of the plaintiff appellant, after having the land demarcated by Amin.
The Trial Court decreed the suit and directed possession over the suit property to be restored to the plaintiff after demolition of the companystruction of the defendant number1 standing on the suit land.
1 to 3, who are the principal companytesting defendants, denied the title of the plaintiff and pleaded their title by way of adverse possession over the suit land.
It was detected that in the map attached with the Sale Deed dated 6.9.1965 there was some error in description of the land forming the subject matter of sale.
On 6.9.1975 Dr. Amarendra Pratap Singh, the plaintiff appellant purchased 0.195 decimals of land out of 0.40 decimals from Ratnamani Mohapatra.
The State Government intervened and filed a petition in the High Court seeking a writ of certiorari, submitting that the entire proceedings in the suit were in companytravention of sub section 6 of Section 165 of the M.P. Land Revenue Code, 1959.
Both of them belong to oraon tribe, which is a scheduled tribe in the State of Orissa as numberified vide the Constitution Schedule Tribe Order, 1950 issued in exercise of the power companyferred by clause 1 of Article 342 of the Constitution of India.
Mangal Singh Manki, after obtaining the permission of the Sub Divisional Officer, Pamposh, sold 0.40 decimals of land by a registered deed of sale dated 7.4.1964 executed in favour of one Ratnamani Mohapatra, and on the same day by another registered deed of sale transferred the remaining 0.35 decimals of land to one Harihar Pradhan.
On 21.12.1962 Chand and Pera transferred their right and interest in 0.75 decimals of land in favour of one Mangal Singh Manki.
According to the plaintiff he raised companystruction in the year 1965 over 0.05 decimal area out of the land purchased by him.
Ratnamani Mohapatra.
The assent of the President was received on 21.09.1956 and published in the Orissa Gazette Extraordinary on 4.10.1956, on which date the Regulations came into force.
Feeling aggrieved, the plaintiff has filed this appeal by special leave.
During the companyrse of demarcation proceedings it was found that the defendant respondent number1 had also purchased some land under a registered deed of sale dated 25.4.1967 from Chand and Pera and companystructed two buildings thereon.
The defendant number1 preferred an appeal to the High Court.
When he proposed to raise companystruction over the remaining area, he was obstructed in doing so by Harihar Pradhan, the owner of the adjoining land, whereupon the plaintiff got in touch with his predecessor in title Smt.
This land belonging to the plaintiff has companye to be numbered as plot number 1147/1.
C. Lahoti, J. The suit property companysists of a piece of agricultural land situated in Sundergarh area of Mouza Durgapur, Rourkela.
Prior to the year 1962, the property belonged to Chand Oram and Pera Oram.
