RAJ KISHORE PRASAD Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal has been filed by the unsuccessful plaintiffs in T.S. No.25 of 1979 against a reversing judgment in T.A. No.9/22 of 1982/1985. During the pendency of this Second Appeal, the original plaintiff Nos.3, 4 and 5 having expired, their legal heirs have been substituted in their place.

(2.) The Second Appeal has been admitted on the following substantial questions of law:

(3.) The plaintiffs filed the suit praying for a decree for permanent injunction by restraining the defendants from interfering with their possession in any manner whatsoever and further from restraining them not to come over the land or change the nature thereof. The plaintiffs' case was that the disputed property belongs to a trust known as "The Jagannath Road Fund" Trust, which is under the administration of the Collector/Deputy Collector, Cuttack. The lands under the said trust were being leased out periodically every year to various persons and the income thereof was applied for the object of the trust. The lessees under the trust were being permitted to make permanent construction on the lease hold portion, which were being renewed from time to time as a matter of course. The father of the original plaintiffs was a lessee in respect of the suit properties under the Jagannath Road Fund Trust, which was being renewed from time to time. The said trust decided to lease out its lands including the suit land for a period of 90 years to the respective lessees, as renewal of the lease from year to year was found to be highly inconvenience and cumbersome and collection of heavy sums at the time of grant of permanent lease by way of premium would be beneficial to the interest of the trust. Accordingly, applications were invited from intending lessees and the father of the plaintiffs made an application for grant of such a lease for 90 years in respect of the suit land.