STATE OF ORISSA & ANR versus FAKIR CHARAN SETHI (DEAD THROUGH LRS) & ORS

 

                                               IN THE SUPREME COURT OF INDIA

                                                 CIVIL APPELLATE JURISDICTION

                                             CIVIL APPEAL NOS. 1812-1815 OF 2010

 

STATE OF ORISSA & ANR. …………….                                             APPELLANT (S)

VERSUS

FAKIR CHARAN SETHI………………….                                          RESPONDENT (S)

(DEAD THROUGH LRS) & ORS.

 

The respondents 1 and 2, as plaintiffs, instituted Title Suit No.620 of 1998 in the Court of learned Civil Judge, (Senior Division) Bhubaneswar seeking a declaration of occupancy rights in their favour as well as for affirmation of their possession as tenants in respect of the suit land. A further direction to the defendants 1 and 2 (appellants) to accept rent from the plaintiffs and a permanent restraint against interference in the possession of the plaintiffs over the suit land was also sought in the suit filed. 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…….read more