JUDGMENT :

G.K. Misra, J. - O.S. No. 156 of 1952 was filed by Girija sankar Roy and Binoysankar Roy. O.S. No. 158 of 1950 (formerly M.S. No. 385 of 1952) was filed by Smt. Durgamani Debi Defendant in both the suits are same. Both the suits were analogously tried as,he cases of the Plaintiffs and the Defendants in both of them are almost identical. The disputed properties constitute a part of the river bed of Mahanadi. They were recorded as Anahadi and Nijchas in touzi Nos. 1962 to 1965 of the Cuttack Collectorate. The original touzis were partitioned. Plaintiffs in T.S. 156/52 and the Plaintiff in T.S. 158/56 respectively got four annas and twelve annas interests in touzis 1964 and 1965. In touzi 1962 Ganesh Prasad Bhagat and his co-sharers had sixteen annas interest and in touzi 1963 the Raja of Kanika had the entire interest.

The case of the Plaintiffs in both the suits is that though the Defendants catching fish in the disputed fisheries long since, they were merely lessees from year to year. Registered notices were served on the Defendants for determination of the leases and to give up possession with effect from the last day of, Jeystha 1359. As the Defendants did not give up po