(1.) Defendant No. 1 is appellant in this appeal against decree declaring title of plaintiffs in respect of a tank with its embankment measuring 9 acres 6, decimals and recovery of possession thereof,
(2.) Case of plaintiffs who are respondent Nos. 1 to 55 is that the tank Badabandha was excavated by their ancestors at a time beyond memory who were in peaceful possession of the same till merger of Dhenkanal Princely State on 1-1-1948. From 1948 various litigations continued but plaintiffs continued in possession. In 1958 State Government transferred the tank to Lodhani Grama Panchayat for which some of the plaintiffs filed a suit in 1965 which was dismissed for want of notice under S. 80, C.P.C., in the year 1970. On 22-31974, Block Deve1opment Officer having notified to put right to catch fish to auction against which plaintiffs objected and auction was stayed. On bifurcation of Ladhani Grama Panchayat, Kander Singha Grama Panchayat put the tank to auction in favour of defendant No. 3 for which suit has been filed for declaration of title, recovery of possession and for perpetual injunction against defendants not to interfere with possession of plaintiffs.
(3.) State Government and Grama Panchayat filed two written statements, where both of them claimed that the tank had been excavated by the sovereign power of Dhenkanal in the 19th Century. Two ancestors of plaintiffs were Sarbarkar in the village and accordingly, they got their names recorded as owners of the tank in the settlement operation of the year 1923-24, though in the records of 19th Century it was clearly mentioned to be belonging to the sovereign power. After merger of Dhenkanal with effect from 1-1-l948, the tank has been transferred to Lodhani Grama Panchayat which was exercising right over the tank as owner. On bifurcation of Lodhani Grama Panchayat, defendant No. 2 Grama Panchayat is continuing to exercise the right. Thus, plaintiffs have no right, title or interest over the tank and the suit is liable to be dismissed.