COLLECTOR Vs. GOURISANKAR 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 asdefendants.

(3.) DEFENDANT No. 1 State of Orissa. in their written statement denied plaintiffs' title and contended that the tanks were on lands belonging to the State of Kalahandi and were in possession of the Gountia on behalf of the State as per the terms of Kabuliyat.