JAGABANDHU SAHU Vs. BIPIN JENA

JUDGEMENT

(1.) THE plaintiffs who came to court under Order 1, Rule 8, Civil Procedure Code as representing the villagers of Sarmanga within the district of Keonjhar are the appellants against a reversing decision of the learned Subordinate Judge of Keonjhar.

(2.) THEY sued for declaration that the villagers have a customary right of pasturage over the disputed property which constitutes two plots bearing Nos. 1257 and 1258 being 2.10 acres and 1.43 acres respectively totalling to 3.53 acres. The plaintiffs asked for a permanent injunction restraining defendants 1 to 10 from using the said lands for agricultural purposes and thus changing the nature of the land. There was a prayer for eviction of the defendants in the alternative. According to the plaintiffs these two plots had been utilised as Gochar of the villagers from time immemorial. There was no recorded Gochar for the village and the entire cattle of the village used to have pasturage from the disputed property. Defendants 1 to 10 had encroached upon the disputed land for the first time in 1954 and wanted to commence agricultural operations. There was an encroachment case under Orissa Act 15 of 1954 by the S. D. O., Anandapur, whereupon the defendants gave up possession. But again there was encroachment in the year 1958 and the defendants have remained in possession in spite of the encroachment proceedings. Defendants 1 to 10 filed T. S. 124 of 1961 for a declaration that they had non-evictable tenancy interest in the disputed property. That suit was dismissed. Yet the defendants have remained in unlawful possession.