BIRA SETHI Vs. PURUSOTTAM MISRA

JUDGEMENT

(1.) THIS is a plaintiffs' appeal against the reversing judgment of the Additional district Judge of Berhampur dismissing the plaintiffs' suit for permanent injunction and damages.

(2.) THE plaintiffs' case is that they owned and possessed the suit lands for rendering service as washermen in the whole Inam village Davanidhipur and have been in possession and enjoyment thereof since the time of their fore-fathers in lieu of their services. On 29-11-54 defendants 1 to 14 forcibly removed the paddy sheaves from about three Bharanams of suit lands and thus put them to a loss of rs. 60/ -. The plaintiffs thus filed the present suit for permanently restraining the said defendants from interfering with their possession and also for recovery of damages of Rs. 60/- being the money value of the crops removed.

(3.) THE case of the defendants 1 to 14 was that no lands were assigned to the plaintiffs or their ancestors as "washerman Service Inam' and the plaintiffs were never in possession of the suit lands which all along were in Khas possession of the villagers and the plaintiffs were being paid only the usufruct of the suit lands towards their wages as washermen.