JUDGMENT

SHINGHAL, J.:—Maguni Charan Dwivedi, the appellant, filed a title suit in the Court of Munsif, Sundargarh against the State of Orissa, for declaration of his title and recovery of possession of plot No. 99 measuring 3.80 acres in khata No. 89 of village Mahulpali claiming it as his "ganju bhogra" land. The suit was decreed on October 14, 1958, in respect of 3.45 acres. The defendant State of Orissa, did not file an appeal and the decree became final. Decree-holder Dwivedi applied for its execution. The case was transferred to the court of the Subordinate Judge of Sundargarh. An objection was taken there by the Notified Area Council, Rourkela, respondent No.2, hereinafter referred to as the Council, under Section 37 and 38 and Order XXI Rule 58 of the Code of Civil Procedure on the ground that it was in actual physical possession of the land. The objection application was however rejected by the execution court on March 31, 1965. The Council applied for revision of the order of rejection, but its application was dismissed with the observation that the Council might file a regular suit for adjudication of its right if it so desired. No suit was filed by the Council and decre