Mungeshwar Sahoo, J.

1. The plaintiffs are appellants. The plaintiff’s Title suit No.4/93 for declaration that the order dated 10.12.1981, 13th July, 1985 and 11th June, 1971 passed by the consolidation authorities i.e., defendant No.2 to 4 are illegal, arbitrary and are not binding on the plaintiff and further for declaration of the plaintiff right title over the suit property has been dismissed by the trial Court. On appeal, the appellate Court also dismissed the appeal. Both the Courts below recorded clear finding that the suit property have already been declared as evacuee property.

2. On 11.01.2008, this appeal was admitted and the following substantial question of law were formulated :-

(i) Whether in the absence of any denial in the written statement filed by the defendant No.1 to 4 regarding the statement of the plaintiff that there was neither any notification under section 7 nor there was any enquiry under section 7A of the Administration of Evacuee Property Act, the lower Court should have held that the suit property is not evacuee property?

(ii) Whether the finding of the Courts below that the disputed property is evacuee property is correct?

(iii) Whether