STATE OF ORISSA Vs. PRANABANDHU SAHU

JUDGEMENT

(1.) State of Orissa represented through the District Collector, Sambalpur, the sole defendant in the trial Court in Money Suit No. 9 of 1984, has filed this appeal against the judgment and decree of the trial Court awarding a sum of Rs. 66,600/- as damages to the plaintiffs with proportionate cost and pendente lite and future interest at the rate of 9 per cent per annum.

(2.) The two plaintiffs who are respectively father and son had filed the suit claiming Rs. 91,600/- as damages with interest under following circumstances : The plaintiffs claim that they are the owners and occupiers of the disputed lands and they had been raising paddy crops on a portion of the disputed lands and the rest was being used as orchard for raising varieties of fruits and vegetables. In the year 1983-84, the defendant re-constructed the Kalajira Kata of village Ballam by raising the level of water escape as a result of which the disputed lands of the plaintiffs were submerged damaging the crops, fruit-bearing trees and other plants. It is further alleged that the mud-built house collapsed due to storage of water and the fence was damaged. After serving notice under Section 80, Code of Civil Procedure, on the District Collector, claiming damages the suit was filed.

(3.) The defendant in the written statement challenged the title of the plaintiffs over the disputed lands. It was further contended that the original structure of the water escape constructed in 1891 had been maintained and further no water had been stored in the Kata during the year 1983-84. It was further alleged that the plaintiffs had lowered the level of their own lands. The assertions regarding damage to the paddy crops, orchard, garden-house et cetera were also denied. Maintainability of the suit was challenged on the ground of non-joinder of parties.