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