JUDGMENT :

A.K. RATH, J.

1. This appeal, at the instance of the defendants, assails the reversing judgment of the learned 1st Addl. District Judge, Ganjam, Berhampur in T.A No. 22/1987 (38/86-GDC).

2. The dispute pertains to a tank having an area of Ac.1.41 dec. of land appertaining to Khata No.389, Sl. No.51 of village-Polosora in the district of Ganjam.

3. Respondent no.1 and predecessor-in-interest of respondents 2 to 7, as plaintiffs instituted T.S.No.57 of 1981 before the learned Subordinate Judge, Aska for confirmation of possession and permanent injunction. Case of the plaintiffs was that the father of plaintiff no.1 and plaintiffs 2 and 3 were brothers. They were separated in the year 1948, but the suit land was kept joint. The suit land originally belonged to ex-intermediary of Khallikote. It was lying fallow. It was locally known as 'Kendugadia'. Father of plaintiff no.1 applied to the ex-intermediary of Khallikote for allotment of land. The ex-intermediary issued Banjar patta in his favour on 21.12.1938 for a period of twenty years from 1948 to 1968 subject to payment of cist of Rs.2.13 ps. and 1 pie per year. He reclaimed the land and converted the same to a tank. Plaintiff