G. B. PATTANAIK, J.

( 1 ) PLAINTIFFS are the appellants against the confirming judgment and decree of the Subordinate Judge, Bhadrak in Title Appeal No. 22 of 1975. Plaintiffs suit is for declaration of title, confirmation of possession and giving direction to the defendants to fill up the tanks dug out over the disputed 'ka' and 'kha' schedule lands and for damages.

( 2 ) ACCORDING to the plaint case schedule 'ka' land appertains to plot No. 1500 measuring Ac. 0. 04 decimals which was purchased from one Netramani Naik by a registered sale deed dated, 31-7-1957 (Ext. 1 ). Schedule 'kha' land is a part of Ac. 0. 05 decimals appertaining to plot No. 1501 which the plaintiff No. 2 got from one Rani Bewa by virtue of a registered gift deed dated, 7-2-1948 (Ext. 2) and the plaintiffs thus were in possession of the same. The defendants have a tank on plot No. 1500/1771 which they purchased and the said tank lies adjoining north of the suit plots. The defendants forcibly dug out portions of the two plots namely, plot Nos. 1500 and 1501 in the year, 1966 as a result of which the disputed portion formed a part of the tank. Accordingly, the present suit is by the plaintiffs with a further p