GOPINATH JIEW THAKUR Vs. DAMBARUDHAR PAL

JUDGEMENT

(1.) THIS second appeal has been filed by the defendants arising out of a suit for declaration of title and for recovery of possession. The plaintiff happens to be a Sikimi Tenant under the Orissa Tenancy Act and claims his rights to be hereditary rights. The cause of action for the suit is that he was dispossessed on 17th June 1955 by the defendants. Defendant No. 1 is the deity, indeed the superior landlord, and the other defendants are Marfatdars. It is to be noted, there was a previous suit inter partes (Title Suit No. 44 of 1930) in which the appellate judgment (Ex. 10) was delivered on 22nd January, 1931 where the hereditary rights of the plaintiffs father were declared and possession restored.

(2.) THE defence was that the plaintiff's father was a mere Jaigirdar under the deity; he had surrendered the jaigiri lands in the year 1951, and as such, the suit is not maintainable.