RAMCHANDRA KAR Vs. JAGANNATH SWAMY

JUDGEMENT

(1.) PLAINTIFF (respondents Nos. 2 and 3) claiming themselves as the managers and marfatdars of plaintiff No. 1, the Lord Jagannath, filed the suit for recovery of possession of the suit lands belonging to plaintiff No. 1 and for mesne profits from the year 1971 -72.

(2.) THE plaint case is that the suit lands measuring Ac. 1. 38 cents belonging to plaintiff No. 1 were in their possession and management since the time of their ancestors. They were utilising the usufructs thereof for offering bhoga to the deity. They were getting the lands cultivated through tenants and were obtaining the Rajbhag from them. In the year 1964 they inducted defendant No. 2 as a tenant, but as defendant No. 2 did not say any Rajbhag, they filed O.L.R. Case No. 274 of 1966 before the Revenue Officer, Kodala, for realisation of Rajbhag. In that proceeding defendant No. 2 denied the Landlordship of the plaintiffs and took the plea that he had been inducted as the tenant by defendant No. 1. The said O.L.R. case was dismissed with an observation that plaintiffs Nos. 2 and 3 should establish their right in a proper Court of law. Hence the suit.

(3.) BOTH the Courts below on a careful consideration of the evidence on record have come to the conclusion that the plaintiffs Nos. 2 and 3 arc the managers and marfatdars of the suit lands on behalf of plaintiff No. 1, the deity. After hearing learned counsel for both sides and considering the facts and circumstances of the case, I am also in agreement with the learned Courts below that the plaintiffs Nos.2 and 3 are the managers and marfatdars of the suit lands on behalf of plaintiff No. X, the deity.