JUDGMENT :

S. ABDUL NAZEER, J.

1. Leave granted.

2. This appeal is preferred against the Order dated 31.07.2019 passed by the High Court of Orissa at Cuttack in Regular Second Appeal No.403 of 2017 whereby the High Court had dismissed the appeal in limine thereby confirming the judgment dated 04.08.2017 passed by the Additional District Judge, Rourkela, in RFA No.15 of 2015.

3. Late Md. Mukim, who expired during the trial, was the plaintiff and Hasmat Ali was defendant in the Civil Suit No.15 of 2009 on the file of the Civil Judge, Senior Division, Rourkela. This suit was filed to seek a declaration that the defendant was a tenant of the plaintiff till 31.03.2003, eviction of the defendant from the suit scheduled property and for certain other reliefs. The defendant entered appearance in the said suit and filed the written statement. After trial, the suit was decreed in part on 21.07.2015 and the defendant was directed to deliver vacant possession of the suit shop to the plaintiff.

4. The defendant challenged the said judgment by filing an appeal and the Appellate Court dismissed th