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1949 Supreme(Ori) 13

JAGANNADHA DAS, NARASIMHAM
MAHESWAR NAIK – Appellant
Versus
TIKAYET SAILENDRA NARAYAN BHANJ DEO – Respondent


Advocates Appeared:
K.N.DAS, L.N.DAS, P.MISHRA, P.MOHAHTI, S.N.Sengupta

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 th








































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