KEDAR SUNDARA & ORS. Vs. ARI MAHAPATRA

JUDGEMENT

(1.) Defendant Nos. 2, 3, 4 and 5 in original suit No. 42 of 1978 are the appellants in this Second Appeal against the con firming judgment and decrees dated 29-7-1981 and 12-8-1981 respectively. Defendant Nos. 1, 2, 3 and 4 are the sons of defendant No. 5. Admittedly defendant No. 1 is dead and was not substituted.

(2.) The suit was for permanent injunction restraining the defendants (1) from installing machine on the suit land, (2) from going over the suit land (3) from causing damage to the crops with cost and other reliefs.

(3.) The plaintiff's case is that he was a bhag tenant in respect of the suit land and was in possession of the land by cultivating the same and the defendant's land is adjoining to the suit land. The defendants in order to take water to their own land threatened to install a water pump over the suit land which forced the plaintiff to file the suit.