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1987 Supreme(Ori) 334

P.C.MISRA
RUSI KUMAR SAHU – Appellant
Versus
SRI RASA ALIAS RAHAS BEHARI THAKURA – Respondent


Advocates Appeared:
S. Misra 2, S. Mantry, R.C. Rath, A.K. Misra, for the Appellant; R. Ch. Mohanty and R.K. Mohanty, for the Respondent

JUDGMENT :

P.C. Misra, J. - The Plaintiffs in Title Suit No. 18 of 1986 of the Court of the Subordinate Judge, Athagarh are the Petitioners in this revision. They had filed an application under Order 39, Rules 1 and 2 of the CPC praying for injunction against the Defendants which having been refused by the learned Subordinate Judge, Athagarh, they preferred Misc. Appeal No. 92 of 1986 in the Court of the District Judge, Cuttack. The learned 1st. Additional District Judge, Cuttack, who heard the matter, confirmed the order of the Subordinate Judge against which this revision has been filed. The facts necessary for the adjudication of this revision may be briefly stated as follows:

2. The Plaintiffs, who jointly filed the suit, claimed to be the under raiyats in respect of the suit land. Their case is that the deity Defendant No. 1, was the intermediary, under whom they were continuing as under raiyats and that their status as under-raiyats has been recognised from time to time by the deity and its Marfatdars. Their right having been interfered with by the Defendants 3 to 7 they have filed the suit praying for the following reliefs:

(a) the Plaintiffs are sikmi-raiyats in: respect of th







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