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PETITIONER: RAJA SRI SAILENDRA NARAYANBHANJA DEO
Vs.
RESPONDENT: THE STATE OF ORISSA.
DATE OF JUDGMENT: 03/02/1956
BENCH: DAS, SUDHI RANJAN BENCH: DAS, SUDHI RANJAN BHAGWATI, NATWARLAL H. JAGANNADHADAS, B. AIYYAR, T.L. VENKATARAMA SINHA, BHUVNESHWAR P.
CITATION: 1956 AIR 346 1956 SCR 72
ACT: Estates Abolition-’Estate’, Meaning of-Estoppel by Judgment -Test-Respondent, if can rely on grounds not specified in his Statement of Case-Orissa Estates Abolition Act (Orissa Act I of 1952), Ss. 2 (g), 3 (1)-Supreme Court Rules, 0. XIX, r. 4.
HEADNOTE: The appellant sued the State of Orissa for a declaration that the Orissa Estates Abolition Act of 1951 was in its application to the Kanika Raj, of which he was the Raja and owner, invalid, unconstitutional and ultra vires the State Legislature and for an injunction restraining the State of Orissa from taking any action under the Act. It was contended, inter alia, that no notification under s. 3(1) of the Act vesting the Kanika Raj in the State of Orissa could issue as the Raj was not an estate as defined by s. 2 (g) of the Act. The contrary was asserted by the State of Orissa and its further contention was that the appellant was estopped by a compromise decree between his predecessors-in- title on the one band and the Secretary of State on the other from denying that the Raj was an estate as defined ...