KANUNGO KHAGENDRANATH DAS MOHAPATRA Vs. JADABENDRA NARAYAN PATNAIK

JUDGEMENT

(1.) THIS second appeal is by defendants 1, 2, 15 and 16 to 20 from the reversing decision of the Subordinate Judge of Balasore decreeing the plaintiffs suit for damages, but reducing the amount of claim from Rs. 700/- to Rs. 200/ -.

(2.) THE suit was for recovery of damages amounting to Rs. 700/- for trespass committed by the defendants jointly upon his land described in Sch. Ka of the plaint. Plaintiff set out his case of acquisition of title to the suit-land in the plaint, and alleged that the defendants who had no manner of right, title and interest over the suit-land trespassed in a body and caused damage thereby giving cause of action to the suit.

(3.) OF the 20 defendants, defendants 1, 3, 5 to 10 and 14 to 20 contested. They disputed the plaintiffs claim of title to the suit-property and claimed that the said land is communal land belonging to the villagers. Their further defence also was that no such occurrence of trespass by the defendants in a body ever took place in fact.