UCHHAB BHOL Vs. SRI LORD JAGANNATH

JUDGEMENT

(1.) This appeal by the defendants arises out of an action in tort for recovery of damages of Rs 7937-4-6 only. The defendants are 92 in number and impleaded as joint tort-feasors. The gist of the tort consists in a conspiracy to injure . The main allegation in relation thereto is contained in para. 12 of the plaint: That on account of the said strained relations between the parties, the defendants entered into a conspiracy amongst themselves with an avowed object of flatting and carrying away the paddy crops from the disputed lands raised by the plaintiffs with their own ploughs.

(2.) According to the earlier paragraphs of the plaint, the aforesaid malevolent conspiracy was but an easy and natural outcome of the Erbag. Village Krushak- Sangha under the leader-ship of one Mohan Das of which the purpose was to defy and disregard the privileges, so far enjoyed by the landlords, in their Nijdakhali lands so as to facilitate acquisition of tenancy rights therein.

(3.) Common object of the combination was alleged to cut and carry away the crops raised by the plaintiffs in the disputed lands towards attainment of the ultimate object of establishing; tenancy rights in plaintiffs (proprietors ) private lands in the village.