AJODHIA Vs. BISHAMBHAR NATH

JUDGEMENT

(1.) This is a short appeal against the judgment of a learned single Judge of this Court.

(2.) The plaintiffs who have recently purchased the entire village brought a suit out of which this appeal has arisen, for recovery of damages and an injunction on the ground that on a piece of banjar land there stood a large number of trees, namely mahua, mango, nim etc, and the defendants without any right have cut down a nim tree and have misappropriated the produce of the mahua trees. The claim was for recovery of Rs. 10 as the price of the nim tree and Rs. 50 as the price of mahua flowers.

(3.) The defence was that the trees constituted a grove of the defendants which was planted by their ancestors about 100 years ago, and that the defendants had been in enjoyment of the grove for 100 years. They denied that they had cut the nim tree.