JAGANNADHADAS, J.

( 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 and from cutting and appropriating any of the jungle produce therein. The trial Ct. dismissed the suit, but the lower appellate ct. reversed it and granted the injunction and 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 and on his death Maddan Mohan Dab. There was litigation relating to succession of the property between Mad"n Mohan and A. chyutananda. During the pondency of the litigation Mad an Mohan died and Achyutcanarda succeeded to the property. The estate was sold inexecution of a mtge. decree. during Achyutananda's time and was purchased by the Raja of Kanika in Ct. auction. Independently of this, mouzts Patia and Ohandrasekhatapur comprised within Patia estate ware brought to sale by the Govt to realise certain Govt. dues from the estate in 1932 and the raja of Kanika purchased these two villages in the certificate sale also and obtained possession. Thus the entire Patia estate as well as the two villages of patia and 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. and 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 and Ohandrasekharpur. But for all purposes relevant to this litigation the two villages are treated as one and 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.

( 4 ) THE case as brought, was against 16 defts of which only defts. 1 to 15 are sahara. Defendants 1 to 15 claimed rights in the forest on the footing that they belong to the Sahar class and deft. 16 on the footing that he was a villager of mouza Chandrasekharpur. The trial Ct. which found in favour of defts. 1 to 15, as Sahars of the village, found against the rights claimed by deft. 16 as a villager. There has been no appeal by deft. 16 either in the lower appellate Ct. or here and therefore the appeal is now concerned only with the alleged rights of defts 1 to 15 of the Sahar-residents of Mouza Chandrasekharpu. The pltf. is the pro. prietor of the suit forest and claims that nobody has got any right to remove forest produce without his permission and without payment of the fees prescribed therefor. The case of the Sahar-defts. as set out in para. 11 of the written statement is as follows :

"these defts. are the aboriginals of Patia and Chandrasekharpur. From time immemorial these defts. ' forefathers, their successors and these dafts. themselves have been cutting wood from the said jangle and carrying them on head and they have been using the same. From time immemorial also they have been selling the products of that jungle in small quantities in Killa Patia and have been earning their livelihood thereby. These Sahars have the right of selling and using in this manner from time immemorial. "

In th