Court : Orissa
Reported in : 71(1991)CLT464; 1991(I)OLR7
..... amicably partition the suit home- stead within three months and in case there was no amicable partition the plaintiff was to apply to the court for partition through a civil court amin commissioner. defendants 1 to 5 assailed the correctness of the judgment before the district judge, cuttack, who while accepting the findings relating to ..... parties amicably partition the same within three months hence, failing which it shall be open to the plaintiff appellant to move the trial court for appointment of of a civil court amin commissioner for effecting partition.9. the appeal is allowed to the-extent indicated above. in the peculiar facts and circumstances, it would ..... plaintiff's right to a share was denied to his knowledge at any time and there is nothing in the evidence to indicate any overt act or other conduct on the part of the defendants to make known to the plaintiff that they have intended to hold the properties for themselves ..... is in denial of title of co-owners and the possession is in hostility to co-owners by exclusion of them. ouster is an unequivocal act of assertion of title and there has to be open denial of title to the parties who are entitled to it by excluding and ousting ..... period. for exclusive possession by one co-tenant being consistent with the subsistence of the tenancy in common to be adverse, there must be outward acts of exclusive owner- ship of possession hostile to the tenant-in-common. a tenant- in-common pleading ouster must establish that there was denial of .....Tag this Judgment!
Court : Orissa
Reported in : II(1996)DMC253; 1996(II)OLR70
..... enacted and non-availability of assistance by advocates, too much of stress on technicalities would frustrate the purpose of enactment of the statute. if there is substantial compliance. family courts should liberally act. it would depend on the nature of the compliance required and nature of defect. in the peculiar circumstances of the case, we are satisfied that the rejection of ..... they are directed against the same order passed by the learned judge, family court cuttack, dated 10-1-1996 in misc. case no. 173 of 1995 arising out of civil proceeding no. 111 of 1994 rejecting the application filed under section 24 of the hindu marriage act, 1955 (in short, 'the act') the application was primarily rejected on the ground that it was not ..... verified in the proper manner.2. mr. k.n. jena, learned counsel appearing for basanti jena, the applicant before the learned judge, family court, submitted that ..... the application was not proper. the impugned order is, therefore, set aside. the learned judge, family court shall consider the application on merit afresh.the writ application and the civil appeal are .....Tag this Judgment!
Court : Orissa
Reported in : 1994(I)OLR205
..... to the district judge where they renewed their prayer for deputation of a survey-knowing commissioner under order 26. rule 9 of the code o1 civil procedure. on a consideration of the application the appellate court observed that the dispute was essentially with regard to boundary between the respective areas of the parties and the same should be measured by a ..... survey-knowing commissioner to ascertain as to, to which plot the disputed land appertains and that the application was maintainable. accordingly the appellate court directed the trial court to depute a survey-knowing commissioner for local investigation, bear the parties on the report of the commissioner, record his finding and submit the same to the appellate ..... is decided on its own facts. in the aforesaid case the trial court had afforded due opportunity to both sides to engage their own amins to prove their respective cases. the reports of the amins were, however, not accepted, in appeal neither party wanted additional evidence under order 41, rule 27, cpc. in this background, there was no justification on the part of the ..... appellate court to remand the suits to the trial court with a direction to appoint a new survey- knowing commissioner, hear the parties afresh and dispose of the suits. that being the position, the appellate court clearly acted without jurisdiction and his order of remand .....Tag this Judgment!
Court : Orissa
Reported in : AIR2004Ori70
..... have been decreed. he also argues that the evidence of p. w. no. 3, the tahsil court amin and his report marked ext. 2 sufficiently rebuts to the report of the civil court commissioner and the courts below did not properly considered that aspect. in that context, mr. rath also relies on the case of ..... evidence on record.9. in course of hearing, mr. rath, learned counsel for the plaintiffs-appellants argues that survey was not properly conducted by the civil court commissioner and the evidence of d. w. nos. 1 and 3 is contrary to the plea advanced by them and therefore the plaintiffs suit should ..... the appeal memo appellants have raised three other substantial questions of law challenging to the acceptability of the report of the civil court commissioner but such grounds were not accepted by this court to be relevant substantial questions to be considered at the time of hearing of the appeal.4. judgment and decree ..... acceptable as evidence in view of the provision in order 26, rule 10(2), c. p. c. but court is to assess the evidenciary value of such report and not bound to act according to that report. that position of law is not disputed by the respondents.10. keeping in view the ..... nature of the dispute evidence led by the parties, findings recorded by the courts below and the above raised contentions of the appellants, this court carefully peruses the evidence .....Tag this Judgment!
Court : Orissa
Reported in : AIR1981Ori68
..... authorities did not vacate the order, the petitioner has come with this writ application.3. law is settled that the consolidation authorities have been vested with the powers of the civil court in respect of matters which have been specified in the statute. mr. kar for the petitioner does not, therefore, dispute the jurisdiction of the consolidation officer to examine the ..... process. the consolidation officers must be made aware of the position that if the scheme under the statute has to work and their orders are to operate as substitute of civil court's determination, their proceedings must conform to known procedure and fit in with principles of natural justice and care and attention should be fully devoted to see that injustice is ..... question of acquisition of title by the opposite parties on the ground of adverse possession. adverse possession, however, could not have been determined on the basis of the amin's re-port. if the consolidation officer wanted to exercise jurisdiction to determine whether opposite parties had acquired title by adverse possession, the matter had got to be investigated in ..... of the petitioner and rent was received from the petitioner by the revenue officers until 1978. the tenure holders did not apply under chapter-ii of the orissa estates abolition act being aware of the position that petitioner was in possession of the property with occupancy right. as the lands were located at a distance petitioner had entrusted cultivation thereof to .....Tag this Judgment!
Court : Orissa
Reported in : 23(1957)CLT324
..... you in consideration of services to be rendered to the state, the emoluments thereof are inalienable from the office of muthadar by mortgage, sale, gift or otherwise; and the civil courts are by act xxiii of 1871 prohibited from taking cognizance of any claim thereto except under a certificate from the collector of the district, and the power to decide all such claims ..... as to whether the applicants should be maintained in their possession of the maliahs until eviction in due course of law, or else whether they should be driven to the civil court to establish their right after government have successfully evicted them by use of force or show of force.9. the admitted facts are as follows:these tracts were in the ..... that this question can be decided only in a properly-constituted title suit. mr. mohapatra on behalf of the applicants thereupon contended that pending the adjudication of title in the civil court the applicants were entitled to remain in possession of these tracts and where there is apprehended danger of their dispossession by the use of force by government, this ..... statute under certain circumstances. in fact, this absence of a remedy against government under section 9 of the specific relief act is itself a good ground for this court to give appropriate relief under article 226 of the constitution. the power of this court, under article 226, is not in any way controlled by the provisions of section 9 of the specific relief .....Tag this Judgment!
Court : Orissa
Reported in : AIR1988Ori166; 65(1988)CLT440
..... the scheme; chapter v with prevention of fragmentation and chapter vi contains miscellaneous provisions including revision (section 36), power of civil court to be exercised by authorities under the act (section 44), jurisdiction of courts (section 47) and bar of jurisdiction of civil courts (section 51). the definition of some terms relevant for the present purpose may be noticed at the outset. section 2 ..... created under it, such power is not available to be exercised by the said authorities. therefore, before holding that the jurisdiction of the civil court to entertain a suit is ousted under the provisions of the act, two essential ingredients are to be found, that the disputed property is included in the consolidation scheme and the relief sought in the suit ..... v. panu charan naik, air 1980 orissa 183, two learned judges of this court had taken the' view that a suit filed in the civil court in respect of lands which are non-consolidable under the act will not abate under section 4(4) of the act and the civil court has jurisdiction to decide the suit despite continuance of consolidation operations in the area ..... decision may be formulated as follows : (a) whether the consolidation authorities are competent to exercise their jurisdiction in respect of lands, which are not consolidate under the act. (b) whether jurisdiction of the civil court is ousted in respect of non-consolidable lands during continuance of the consolidation operations in the area. (c) whether the authorities under .....Tag this Judgment!
Court : Orissa
Reported in : 37(1971)CLT503
..... a position to accept the contention of mr. mohanty that the grant of lease in this case was an act of state and the suit to set aside the lease was, therefore, not cognizable in the civil court 25. the plea of temporary tenancy and protection against eviction was never taken earlier at any stage. there ..... said words is found in the phrase 'except under and in conformity with the provisions of this act.' to state it differently, the said phrase does not impose a total bar on a suit in a civil court but only imposes a restriction on suits or other legal proceedings in respect of matters for which a ..... exercising his powers under this section shall be guided by rules, made under the act. any person aggrieved by the order of the collector may institute a suit in the civil court to establish his right.' mr. mohanty contends that orissa act 4 of 1939 was extended to the ex-state of nayagarh with effect from 1 ..... as we find the application of the defendant no. 1 for permanent lease (ext. 3) was made on 29-12-47. on the next day the amin made a report recommending the lease. the debottar officer submitted his report to the debottar superintendent opposing the grant of lease. in the last portion of his ..... the sebait-marfatdars for lease of 1.05 acres of land belonging to this deity and said to be in his possession. on 30-12-47, the amin made a report recommending grant of lease (ext. 4). the debottar officer on the same day submitted a note to the deputy superintendent incharge of debottar .....Tag this Judgment!
Court : Orissa
Reported in : 2008(II)OLR278
..... . the amin report is vexatious, sham and a fraudulent document, which was prepared without participation of ..... such it cannot be said that the partition was never acted upon. no suit for cancellation of the partition deed of 1957 or subsequent sale deeds had ever been filed in any civil court for establishment of any subsisting title by the petitioner. enquiry by the amin was unilateral and without knowledge of the present opposite parties ..... 1965 void, which has been rightly set aside by the learned commissioner in r.p. case no. 421/1990 filed under section 32 of the o.s.s. act. the order dated 1.6.1968 passed in ..... (2)(b) of the o.s.s. act is ex facie illegal and had not been passed in accordance with law as initiation of the said proceeding is against the mandate of law. the settlement officer having no jurisdiction whatsoever assumed the power of the civil court and declared the sale deed dated 19.4. ..... r.s.d. dated 19.4.1965 is subject to fulfilment of the conditions laid down in section 54 of the t.p. act, which can be thrashed out in proper court of law,9. the submission of o.p. nos. 2 and 3 relating to merger of o.p. no. 2-company under .....Tag this Judgment!
Court : Orissa
Reported in : 1993(II)OLR524
..... handle the proceedings manning the posts. the desirabllity to have officers with legal training or at least legal bent of mind cannot be gainsaid. functions of civil courts are being presently exercised by authorities under the act. they are in essence substitutes of the judicial officers. though it cannot be said that the orders of judicial officers are blemishless, yet experience shows ..... , the nation and a manifesto, the constitution and the rule of law. secs 44 and 47 of the act show that the powers of the civil courts are to be exercised by the authorities under the act and therefore, in essence they are substitutes of civil courts. substitute, substitutus, are placed under another to transact or do same business, taw is not an end in ..... do so as revenue courts. the court is a. temple of justice. the presiding officers are the priests who are required to ..... that standard of the orders passed by the authorities under the act leave much to be desired. in many instances, orders patently show lack of rudimentary and fundamental knowledge of law. sections 44 and 47 of the act stipulate that the powers of civil court are to be exercised by the authorities under the act, and the authorities hearing any application, appeal or revision .....Tag this Judgment!