JUDGMENT :

SASHIKANTA MISHRA, J.

This is a plaintiff’s appeal against a reversing judgment. The judgment and decree passed by the Subordinate Judge, Nawapara on 24.08.1989 followed by decree in Title Appeal No. 12/10 of 1986-88 is under challenge whereby, the judgment and decree dated 23.12.1985 and 08.01.1986 respectively passed by the Munsif in T.S. No. 15 of 1982 was reversed and the plaintiff’s suit for declaration of title and permanent injunction was dismissed.

2. For convenience, the parties are referred to as per their respective status before the trial Court.

3. Plaintiff’s case is that the suit land originally belonged to his ancestor Trilochan Behera, who was a protected Thekadar of village Domjhar. It is pleaded that said Trilochan Behera excavated the suit tanks about 80 years back pursuant to permission granted by the then Deputy Commissioner of Raipur District (C.P. & Berar) and obtained Sanands dated 14.09.1910 and 24.04.1913 in recognition of such excavation and improvement. According to the plaintiff, Trilochan Behera had transferred the Thekadarship to his second son Jagmohan Behera, who predeceased him. After the death of Jagmohan Behera, the Thekadarship and the su