State Of Orissa & Another vs Jutika Dei
2025 Latest Caselaw 3910 Ori

Orissa High Court

State Of Orissa & Another vs Jutika Dei on 12 February, 2025

      IN THE HIGH COURT OF ORISSA AT CUTTACK
                       SA No.188 of 1996
State of Orissa & Another         .....  Appellants
                                               Represented By Adv. -
                                               G. Mohanty, SC

                              -versus-
Jutika Dei                          .....                Respondent
                                              Represented By Adv. -
                                              Mr. S.N. Sahoo

                       CORAM:
      THE HON'BLE MR. JUSTICE ANANDA CHANDRA
                       BEHERA

                              ORDER

12.02.2025 Order No.

19. 1. This matter is taken up through hybrid mode.

2. Heard from the learned counsels of both the sides.

3. During the course of hearing of the appeal, it is found from order No.8 dated 27.09.1999 that, the appeal was admitted formulating the Paragraph Nos.A, B, C and D of the appeal memo as the substantial questions of law.

4. In view of the recent decision of the Apex Court, the substantial questions of law are to be specifically framed and the grounds indicated in the appeal memo cannot be taken as the substantial questions of law. For which, the substantial questions of law, those were framed vide order No.8 dated 27.09.1999 are expunged and after hearing from the learned counsels of both the sides, the following substantial questions of law are formulated for the disposal of the Second Appeal

on the basis of the said substantial questions of law and the substantial questions of law are:-

i. Whether the findings and observations made by the First Appellate Court in TA No.5 of 1987 in setting aside the judgment and decree of the dismissal of the suit vide TS No.49 of 1985 passed by the Trial Court accepting the rent receipts vide Exhibit-1 and Exhibit-1/a paid during the time of ex-intermediary are genuine sustainable under law?

ii. Whether the judgment and decree passed by the First Appellate Court in TA No.5 of 1987 decreeing the suit vide TS No.49 of 1985 of the plaintiff (respondent) declaring that, he (plaintiff) is the occupancy Raiyat over the suit properties and injuncting State (appellant) permanently is sustainable under law?

5. List this matter on 11.03.2025 for hearing.

(ANANDA CHANDRA BEHERA) Judge Sipra

Signature Not Verified Digitally Signed Signed by: SIPRA MUDULI Reason: Authentication Location: High Court of Orissa, Cuttack Date: 12-Feb-2025 14:40:22