DHARMU MOHARANA Vs. UCHHAB MOHARANA AND ORS.

JUDGEMENT

(1.) THIS is a Plaintiff's second appeal against the judgment of the Additional Subordinate Judge of Berhampur, reversing the judgment of the Munsif of Berhampur and partially dismissing the Plaintiff's claim for recovery or possession of certain lands which formed part of the Carpenter's Service Inam in village Chamunda of Ghumsur taluk of Ganjam district.

(2.) THE Plaintiff's father Lakhan Mohapatra was the previous carpenter inamdar of that village and was in possession of the inam lands. He died sometime in 1940, leaving the Plaintiff (then a minor boy aged 12 years). In the plaint it was alleged that after the death of Lakhan the Plaintiff was in possession of the inam lands of the village and also rendering inam service to the villagers. It was further alleged in paragraph 5 of the plaint that the Defendants obtained possession of the disputed property saying that they would cultivate the lands on bhag, but subsequently refused to give up possession and set up an independent title to the same. Hence the Plaintiff prayed for ejectment of the Defendants from the disputed properties which consist of 7 -15 acres of land. He also prayed for an injunction against the Defendants in respect of the remaining carpenter inam lands on 7 -15 acres which were said to be in his possession but in respect of which be was being frequently threatened with dispossession by the Defendants.

(3.) THE second appeal was first heard by Justice Barman before whom counsel for the Defendant -Respondents namely Shri R.N. Misra frankly conceded that - the lower appellate court's view on the question of limitation could not be supported. The sole point in controversy was as to whether the Civil Court had jurisdiction to entertain the present suit in view of the bar imposed by Section 21 of the Madras Hereditary Village officers Act, 1895. The second appeal was referred to a Division Bench by Barman J., and before us the only point canvassed by counsel for both sides is the question of jurisdiction.