NARAYAN PANDA Vs. MAHENDRA RAM

JUDGEMENT

(1.) In this Civil Revision, plaintiffs are the petitioners against the appellate order arising out of a proceeding under Order 39, Rule 1, Code of Civil Procedure.

(2.) TITLE Suit No. 121 of 1980 was filed in the Court of the Munsif, 1st Court, Cuttack, for permanently restraining the defendants from interfering with the possession of the plaintiffs in respect of 18 decimals of Gharbari land in Plot No. 257 under Khata No. 71 of mouza -Bhajimul. Case of the plaintiffs is that the suit land was recorded in the names of their ancestors in the 1930 settlement. Plaintiffs claim to be in possession of the disputed land growing vegetables therein. Plaintiffs' further claim is that on the suit land there are valuable fruit -bearing trees and bamboo clumps. The cause of action for the suit was the threat of the defendants to dispossess the plaintiffs and out away the trees and bamboo clumps. With the above allegations, the plaintiffs prayed for ad interim injunction against the defendants.

(3.) THERE is no dispute that in the 1930 settlement the land was recorded in the names of the ancestors of the plaintiffs. It is not also in dispute that on the disputed land there are bamboo clumps and fruit -beating trees. The further undisputed fact is that the disputed land is being used for growing seasonal vegetables.