RAMA CHANDRA JENA Vs. BALLABHANANDA SAHOO

JUDGEMENT

(1.) This second appeal has been preferred against the reversing judgment.

(2.) The appellant in this second appeal was the defendant No.3 before the Trial Court in the suit vide T.S. No.55 of 1978 and respondent No.3 before the First Appellate Court in the First Appeal vide T.A. No.2 of 1984. The respondent Nos.1 to 10 in this second appeal being the villagers of village Pandua under Tirtol police station in the district of Cuttack at present in the district of Jagatsinghpur were the plaintiffs before the Trial Court in the suit vide T.S. No.55 of 1978 and appellants before the First Appellate Court in the First Appeal vide T.A. No.2 of 1984. Respondent Nos.11 and 12 in this second appeal i.e. Collector and Tahasildar were the defendant Nos.1 & 2 before the Trial Court in the suit vide T.S. No.55 of 1978 and respondent Nos.1 & 2 before the First Appellate Court in the First Appeal vide T.A. No.2 of 1984.

(3.) The nature of the suit of the plaintiffs filed by the villagers of Pandua under Tirtol police station vide T.S. No.55 of 1978 against the defendants i.e. against the Collector, Tahasildar and Rama Chandra Jena was representative character suit for declaration of the customary rights of the villagers of Pandua including the plaintiffs over the suit properties and to injunct the defendant Nos.1 & 2 permanently from leasing out or settling the suit properties in favour of the defendant No.3 or from changing the nature and character of the same in any manner from its communal character along with the other reliefs, to which, they (plaintiffs) entitled for, as the Court deems fit and proper.