MAHESWAR NAIK Vs. TIKAYET SAILENDRA NARAYAN BHANJ DEO

JUDGEMENT

(1.) Defendants 1 to 15 are the applta. in this second appeal. The pltf. is the Tikayet of Kanika, The defta. are the Bahar realdents of the Mouza called Chandrasekhacpur. The suit has been brought for an injunction restraining the defts. from entering into a forest belonging to the pltf. which may for convenience be called Patia forest & from cutting & appropriating any of the jungle produce therein. The trial Ct. dismissed the suit, but the lower appellate Ct. reversed it & granted the injunction & damages asked or by the pltf.

(2.) Killa Patia in which the suit forest is a situated belong to Raja Dibyasingh Deb. On his death his brother Raghunath Deb succeeded to the Estate & on his death Maddan Mohan Dab. There was litigation relating to succession of the property between Mad"n Mohan & A .chyutananda. During the pondency of the litigation Mad an Mohan died & Achyutcanarda succeeded to the property. The estate was sold inexecution of a mtge. decree. during Achyutananda's time & was purchased by the Raja of Kanika in Ct. auction. Independently of this, Mouzts Patia & Ohandrasekhatapur comprised within Patia estate ware brought to sale by the Govt to realise certain Govt. dues from the estate in 1932 & the Raja of Kanika purchased these two villages in the certificate sale also & obtained possession. Thus the entire Patia estate as well as the two villages of Patia & Chandrasekbarpur therein became the property of the Raja of Kanika who duly obtained possession thereof. He thereupon executed a gift, deed in 1935 in respect of the whole of the Patia estate inoluding these villages in favour of his son, the plif. The estate therefore with the Patia forest therein belongs to the pltf. Though this was questioned at the trial, it is now no longer disputes in the lower appellate Ct. & here.

(3.) In this estate there is forest of very considerable extent of about 3,000 acres. The forest adjoining the village Patia goes by the name of Patia forest. The original village Patia has in the revn. settlement been divided into two villages called Patia & Ohandrasekharpur. But for all purposes relevant to this litigation the two villages are treated as one & the suit Patia forest as the one connected with these two villages, it would appear from the evidence that the Sahars of this place reside almost entirely in Ohandra sekharpur, there being only three or four families of Sabars in Patia (vide evidence of P. w. 10). It may be mentioned that Sahars belong to the primitive aboriginal class.