JUDGMENT :

A.K. RATH, J.

1. This is a plaintiff's appeal against reversing judgment. The suit was for declaration that the plaintiffs are in cultivating possession of the suit land and permanent injunction.

2. The case of the plaintiffs was that the suit land belonged to the deities, Sri Sri Taratarini Bije Raipur and Sri Sri Sundarmadhaba Bije Purushottampur. Plaintiff's family were in cultivating possession of the suit land since time immemorial in lieu of their seva puja and niti kranti. After coming into operation of the Orissa Estate Abolition Act, the kissam of the suit land was changed to raiyati. Plaintiffs’ family remained in possession of the suit land on payment of share of crops. It was further pleaded that the plaintiffs had filed an application under Sec. 36-A of the Orissa Land Reforms Act being O.L.R. Case No. 2437/76 for a declaration of the lands of the deity non-resumable and occupancy right. Since the suit property had been declared as trustee estate, the application was not allowed. The defendants having no semblance of right, title and interest over the suit land created disturbances in their peaceful possession. A proceeding under Sec. 145 Cr.P.C. was initiated