Lands vested in Government under the Orissa Estates Abolition Act, 1951, are covered by the definition of 'Government property' contained in Section 2(a) of the Orissa Prevention of Land Encroachment Act, 1954, and are subject to the provisions of the said Act.

JUDGMENT :

Ray, J. - This is an appeal by the unsuccessful: Plaintiff against the concurrent judgments of the Courts below dismissing her suit.

2. The suit-land comprising an area of A-4-67, under survey No. 682 bearing patta No. 224 is situate in village Nimina in the ex estate of Khallikote. In all the three settlement operations preceding the institution of the suit, that is, of the, years 1931, 1934 and 1953, it has been consistently recorded as Poramboke Borida Bandha, and originally belonged to the ex-Zamindar of Khallikote, Athgarh and Biridi.

3. The Plaintiff's case is that the suit-land though recorded as a tank-Poramboke was never used as such, that is, as a reservoir of water for communal use, nor was it ever used as water source of irrigation for the surrounding lands. If, however, at any time in the past, it served as a water source of irrigation for the village community, it has now ceased to be so, and therefore, it has lost its character as a tank. Her case is that her husband was in cultivating possession of the suit-land for the last forty years for which he was issued a Jeroyati patta No. 224 in the year 1941 and was paying the rent to the landlord in kind till. the issuance of the patta, after which the rent was paid, in cash till the year 1953 when the estate of Khallikote was abolished by virtue of the provisions on the Orissa Estates Abolition Act. Thereafter, the Anchal authorities used to collect the same rent as was due to the landlord upto the year 1956. Before vesting of the estate in Government, the Plaintiff's husband filed an application before the District Collector, Ganjam, on 14-7-1952 purporting to be one u/s 20-A of the Madras Estates Land Act (I of 1908) for a declaration that the suit-land is no longer required for any of the purpose referred to in Sub-clause (a) of Clause (16) of Section a thereof and that the same may be converted into ryoti-land.., After filing of this application (Ext. B), objections were invited in a gazette notification dated 1-8-1952 (Ext. C). Pursuant to such notification some members of the public filed objections, marked as Exts. I, J, K and L in the case.

4. The Revenue Divisional Officer, Chatrapur, made, enquiry into the matter and submitted his report dated 11-8-1954. He found that the suit-land is a storage-tank and serves as a source of irrigation. He accordingly held that the prayer for, conversion should not be allowed. This matter was taken before the Additional District Collector, Ganjam, who by his order dated 17-8-1954 accepted the report of the R.D.O. and rejected the Plaintiff's prayer for conversion, and as the Plaintiff's husband was then in possession, he further directed that appropriate steps be taken for his eviction. Before this order was passed, the husband of the Plaintiff died. Though the exact date of his death has not been proved in the case, from the statement made by the Plaintiff in regard thereto, he appears to have died sometime before the abolition of Khallikote estate took place on 1-6-1953. In course of hearing of the appeal, the Plaintiff' has filed an affidavit giving exact date of death .of her husband to he 6-7-1953 and there being no counter, that date is taken as correct for the purpose of this appeal.

5. In consequence of the direction of the Additional District Collector, encroachment proceedings were started by the R.D. O, Chatrapur under Orissa Prevention of Land Encroachment Act and the Plaintiff was directed to vacate. This order was confirmed by the District Collector and also by the Revenue Divisional Commissioner, Southern Division, Berhampur on 27-12-1958 and it is after this, the Plaintiff filed Title Suit No. 53/59 on 15-9-1959 which later was withdrawn with permission of the Court to file a fresh suit. Accordingly the present suit was filed on 28-1-1960 for two reliefs, viz, (a) for a declaration that the entry in the final record-of-rights, published on 4-12-1953, to the effect that the suit-land is tank. Paramboke