G. K. MISRA, J.

( 1 ) PLAINTIFFS are the appellants. They brought the suit as representatives of village panchapara under 0. I, Rule 8, C. P. C. Their case is as follows : the disputed lands constitute 2. 32 acres in plots 659 and 2171 in Khata 290 of village Panchapara in the district of Balasore. The lands have been recorded as Gochar and included in Rakshit (Reserved) Holding No. 290. Defendants 1 to 7 are the ex-landlords of the village and defendants 8 to 11 are the lessees in respect of different portions of, the suit lands from defendants 1 to 7. The cause of action arose on 7th June 1954 when the defendants 8 to 11 dug foundation pits and when the plaintiffs came to know of an order of exchange sanctioned by the Collector. On that day the plaintiffs on enquiry cams to learn that the petition had been filed by some of the ex-landlords in which they alleged that they intended to prepare a fruit and vegetable garden in the vicinity of Chand-balli town; that the disputed lands were unsuitable for the purpose of Gochar although recorded as such and that the Anabadi plots 1699, 1802 and 1780 would be more suitable for grazing of cattle. On these assertions they moved the Collect