STATE OF ORISSA Vs. KANSAL BEWA

JUDGEMENT

(1.) The State of Orissa and its other functionaries, by filing this Appeal, as the Appellants, under Sec. -100 of the Code of Civil Procedure, 1908 (for short, 'the Code'), have assailed the judgment and decree dtd. 7/7/1997 and 21/7/1997 respectively passed by the learned Civil Judge, Senior Division, Keonjhar in Title Appeal No.36 of 1995.

(2.) For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to, as they have been arraigned in the Trial Court.

(3.) The Plaintiff's case is that one Kartika Mohanta is the common ancestor of the Plaintiffs and Defendants.8 to 10. He acquired the suit land in Nayabadi Case No.2167 of 1927-28 and excavated a tank over the same better described in Schedule-B of the plaint. It is stated that after the death of Kartika, his son Anukur Mohanta, the father of the original Plaintiff renovated the suit tank. In an amicable partition, the suit tank had fallen to the share of the Plaintiff and the Plaintiff renovated the same and used it for psciculture. He is stated to have been in possession of the suit tank and nearby lands without any disturbance from any quarter. It is stated that Defendants 1 to 7, in connivance with the Settlement Authorities, managed to record the suit tank in Schedule- B under 'Sarba Sadharan' Khata and tried to catch fish forcibly from the said tank. The Plaintiff then filed an application before the Tahasidlar for correction of record of right. The Tahasilar, initiating a miscellaneous case, directed the local Revenue Inspector for enquiry. The report being received, finally the Tahasildar started an Encroachment Proceeding against the Original Plaintiff and it is now questioned as without jurisdiction. The Plaintiff, therefore, filed the suit for declaration of his right, title and interest over the tank in Schedule-B and for confirmation of possession or in the alternative, for recovery of possession and permanent injunction.