NARASIMHAM, C. J.

( 1 ) THIS is a defendants' appeal against the appellate judgment of the Additional district Judge of Berhampur reversing the judgment of the Additional Munsif of berhampur and decreeing the plaintiff's suit for a permanent injunction against the appellants-defendants.

( 2 ) THE plaintiff is the owner of about 18i acres of land in three villages, Phulta, burukuddi and Dasapore, in Berhampur taluk. He alleged that the lands were all along in his personal cultivation and that the defendants had neither any right to those lands nor were they ever cultivating them as his tenants: according to the plaintiff the defendants were mostly coolies, without any property, and being rowdies by nature they wanted to lay claim to the disputed lands as tenants taking advantages of the provisions of the Orissa Tenants protection Act. In the plaint it was admitted that the defendants had served registered notice on the plaintiff intimating that they would cut and remove the crops on a date specified in the notice claiming themselves to be the tenants of the plaintiff. The plaintiff therefore apprehended that the defendants would forcibly remove the crops and brought the suit for a