Judgement

PANIGRAHI, C. J. :- This appeal arises out of a suit filed by the plaintiffs-respondents for declaration of their sole right to collect, remove, and sell Kendu leaves from inside the borders of the Garloisingh Zamindari in Sambalpur district, and for recovery of a sum of Rs. 88200/- from the defendants for "wrongful collection and removal" of the same during the years 1944 to 1946.

The plaintiffs also prayed for an injunction restraining the defendants from interfering with their right to collect Kendu leaves in future, for the period covered by the contract entered into between the plaintiffs and the deceased Zamindar, Madan Mohan Singh. Defendant 1 is a lessee from defendant 2 who is the present Zamindar of Garloisingh. The father of defendant 2 executed a document, Ex. 19 dated 29-1-1938, in favour of plaintiffs 1 and 2 permitting them to collect and remove kendu leaves within the ambits of his Zamindari for a period of 15 years commencing from 1944.

The plaintiffs agreed to pay an annual royalty of Rs. 6,000/- for the privilege granted by the zamindar. On the same date and simultaneously with the document described as a lease the previous zamindar executed a bond for Rs.