JUDGMENT :

Misra, J. - The suit out of which this appeal arises was filed on the following averments: T.S. No. 19/57 in the Court of the Additional Subordinate Judge, Berhampur was filed by the Plaintiff for recovery of possession of the disputed lands on the allegation that the Defendant and his vendor were trespassers. Defendant Bhima Padhi was Defendant No. 6 in that suit. He claimed to have purchased the disputed lands from Kaviraj Madhusudan Sarma who had purchased the same from Honnu Padhi, both of whom, bad been impleaded as Defendant Nos. 1 and 4 in that suit. All those Defendants were held to be trespassers and a decree for eviction was passed. In execution of the decree, Plaintiff was put in possession on 3-3-1959 (see Amin's report-Ex. 7 (b)). Defendant'" vendor filed F.A. No. 7/59 wherein the Defendant was Respondent No. 6. While the First Appeal was pending and the Plaintiff kept the disputed lands in his khas cultivation, Defendant threatened the Plaintiff with violence and gave out that he would remove the crop by force. Plaintiff accordingly filed T.S. No. 198/59 in the Court of the Munsif, Berhampur against the Defendant for permanent injunction to restrain the Defe