Judgment

GAJENDRAGADKAR, J. : This is an appeal by a certificate granted by the High Court of Orissa and it raises a short question about the scope and effect of the provisions of S. 7 (1) of the Orissa Tenants Protection Act, 1948 (Act III of 1948) (hereafter, called the Act.) The appellant Magiti Sasamal sued the respondent Pandab Bissoi and others in the Court of the District Munsiff, Berhampur, for a permanent injunction restraining them from entering the suit lands belonging to the appellant. The appellant s case was that the suit lands belonged to him and were in his personal cultivation for many years. In the year of the suit the appellant had cultivated the said lands as usual, manured and raised paddy crop thereon after spending a large amount in that behalf. According to the appellant the respondents had no manner of right or title to the said lands and had never cultivated them. From the notice given by them to the appellant, however, it appeared that the respondents wanted to enter upon the lands forcibly and to remove the standing crop therefrom. This they desired to do by setting up a false claim that they were the tenants of the lands and as such were entitled to the