NARASINGH PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal at the instance of the plaintiffs' assails the affirming judgment of the learned Addl. District Judge (F.T.C.), Bhawanipatna in Title Appeal No.13/10 of 1993/2003.

(2.) A tank having an area of Ac.26.10dec. of land appertaining to Plot Nos.241, 249 and 250 of Mouza-Kotagaon in the district of Kalahandi is the subject-matter of dispute.

(3.) Case of the plaintiffs was that one Rama Chandra Gauntia had excavated the tank over his raiyati land. He sold the tank to Basudev Panda in the year 1911. After his death, his son Pandu, father of plaintiff nos.2 to 4 made improvement of the tank. Thereafter, the names of plaintiffs 2 to 4 along with their elder brother Pyarilal found place in the improvement list. Plaintiffs 2 to 4 are in possession of the tank and rearing fish. While matter stood thus, plaintiff no.1 claiming to be the adopted son of Nilamani Panda along with others instituted Title Suit No.4 of 1975 in the court of the learned Subordinate Judge, Bhawanipatna for declaration of fishery rights over the tank impleading the State of Orissa and plaintiff nos.2 to 4 herein as defendants. Learned trial court rendered a finding that defendants 2, 3, 5 and 6 along with Pyarilal were in possession of the tank. The tank had not been transferred to Mandal Gram Panchayat (in short 'G.P.'). The suit was dismissed on 03.09.1985. Thereafter, Pyarilal sold the tank to plaintiff no.1. The plaintiffs are in possession of the tank. Defendant nos.2 and 3, who have no semblance of right, title and interest over the tank leased out the same to defendant no.4 on 8.2.1991 by way of auction. With this factual scenario, they instituted the suit for declaration of title, lease dtd.8.2.1991 is illegal & permanent injunction.