COLLECTOR KALAHANDI Vs. GAURISANKAR BAG

JUDGEMENT

(1.) This appeal by defendant No. 1 (State of Orissa) arises out of a reversing decree passed by the District Judge, Kalahandi. The suit properties are 4 tanks. Plaintiffs (14 in number) are the grandsons and great grandsons of one Biri Gountia who was gountia of village Kandulubandh within Junagarh P. S. in the district of Kalahandi. He excavated the 4 tanks between the years 1890 and 1917.

(2.) Plaintiffs sued the State of Orissa praying for declaration of title, confirmation of possession, in the alternative recovery of possession, of the aforesaid tanks, permanent injunction in respect thereof and damages amounting to Rs. 625/-. Subsequent to filing of the suit on the prayer of defendant No.1 and defendants 3 to 11, they were impleaded as defendants.

(3.) Plaintiffs's case, in brief was that Biri Gountia excavated the 4 tanks spending his own money on his own land and was enjoying the fish and water thereof during his lifetime, which is being continued by his grandsons and great grandsons including plaintiffs. In the current settlement record-of-rights, the tanks have been wrongly recorded in the name of the State of Orissa and they illegally leased out the tanks to the public in the year 1973-74. Therefore the plaintiffs commenced the action praying for aforesaid reliefs after complying Section 80 of the Code of Civil Procedure.