STATE OF ORISSA Vs. DIBAKAR PATI

JUDGEMENT

(1.) IN this case, the plaintiffs have prayed for a declaration for right, title and interest over the suit tank. The trial court has found against the plaintiffs, but in appeal, the judgment of the trial court was reversed. Hence, the State of Orissa and its functionaries have filed the second appeal challenging the judgment and decree passed by the lower appellate court.

(2.) THE claim of the plaintiffs is founded as follows :

(3.) AFTER considering the evidence, both oral and documentary, adduced by both parties, the trial court dismissed the suit. The plaintiffs preferred appeal before the District Judge, who by order dated 10.5.91, allowed the appeal and set aside the judgment and decree of the trial court. Hence, this second appeal.