SATYABADI RATNA GANTAYAT Vs. TAHSILDAR, DIGAPAHANDI AND ORS.

JUDGEMENT

(1.) The present Second Appeal at the instance of the plaintiff-appellant is against the decision dated 31 1.1985 of the learned Subordinate Judge, Aska in Title Appeal No. 22 of 1982 affirming the decision dated 22.10.1982 of the learned Munsif, Aska in Title Suit No. 147 of 1975. The plaintiff filed the suit for declaration of his title to the properties described in Schedules A and B to the plaint, for permanent injunction against the defendants and for damages. The learned trial court framed the following issues:-

(2.) Deciding the issues as aforesaid, the learned trial court dismissed the suit on contest against defendants 1 and 2 and ex parte against all other defendants. The learned trial court had appointed a survey-knowing Commissioner for investigation and there is a report of the survey-knowing Commissioner as per direction of the court. The learned trial court has observed that assuming for the sake of argument that the plaintiff is in possession of the suit land for the last eighty years and as the suit land is a part of Survey No. 385, a tank, by way of adverse possessions, raiyati right cannot be acquired in respect of the tank Paramboke and without the order of the District Collector, the Paramboke tank cannot be treated as raiyati land even though it is not required for the original purpose. Discussing all these points and further in view of the fact that plaintiff has not acquired any right to the suit properties, the learned trial court decided issues 1 and 2 against the plaintiff. Issue No. 8 was not pressed.

(3.) An appeal was preferred by the plaintiff. The learned appeal court below dismissed the appeal and affirmed the decision of the learned trial court. The appeal court has however recorded the concession made by the learned advocate for the appellant and relied upon the entries in the record-of-rights and by assigning reasons dismissed the appeal.