JUDGMENT :

A.K. Rath, J.

Defendant no.1 is in appeal against a confirming judgment of the learned Additional District Judge, Berhampur.

2. Plaintiff-respondent no.1 instituted the suit for declaration of title and permanent injunction. Plaintiff is a deity. The case of the plaintiff is that originally the suit land was Grama Kantha Pormoboke. The archaka of the deity constructed the shop rooms over the suit land and let out the same to different persons. During emergency of the year 1976-77, defendant no.1 demolished the shop rooms and took possession of the same. Thereafter in the year 1978, defendant no.1 started construction over the suit land and completed the same.

3. Defendant no.1 entered contest and filed written statement denying the assertions made in the plaint. The case of defendant no.1 is that Gramkantha Paramboke land belongs to the Government. The plaintiff has no title over the same. The defendant no.1 demolished the structure and thereafter raised construction of the shop rooms and school. Defendant no.2 filed written statement stating that the suit land is Gramkantha Paramboke. The said land has been recorded as Sarbasadharan.

4. Stemming on the pleadings of the parti