Judgment

B.P. Singh, J.—This appeal by special leave is directed against the judgment and order of the High Court of Orissa at Cuttack dated October 22, 1992, in Second Appeal No. 188 of 1981. The plaintiff is the appellant whose suit was decreed by the Subordinate Judge in Title Suit No. 2 of 1977 by judgment and decree of 27th September, 1979. The District Judge, Sundargarh, however, in Title Appeal No. 23/79 dated 10th April, 1981 reversed the decision of the trial court and dismissed the suit. The Second Appeal appeal preferred by the plaintiff has been dismissed. This appeal has been preferred by special leave.

2. The case of the appellant is that one Sanatan Kalo of Mouza Sundargarh had three sons namely, Kunu, Benudhar and Somnath. Sanatan Kalo as well as his sons are all dead. Kunu had three sons namely, Ratnakar, Raghunath and Pitambar, while Benudhar also had three sons namely, Sadasiv, Dhaneswar and Binod. The third son namely, Somnath had two sons namely, Kanhei and Purna. In the Mukherjee Settlement which took place prior to 1972 the plot in question was recorded in Khata No. 12 of Mouza Sundargarh in the names of Kunu and Benudhar, sons of Sanatan Kalo and Kanhei and Pu