JUDGMENT :

This appeal has been preferred by the Plaintiff under Section 96 of the Code of Civil Procedure, 1908 (hereinafter referred to as the 'CPC'),questioning the legality and propriety of the judgment and decree dated 30.11.2006 passed in Civil Suit No.11-A/2006, whereby the learned trial Court has dismissed the Plaintiff's claim. The parties to this appeal shall be referred hereinafter as per their description before the Court below.

2. The facts which are essential to be stated for adjudication of this appeal are that the Plaintiff instituted a suit claiming declaration of title and injunction with regard to the properties described in plaint Schedule “B”. According to the Plaintiff, the properties described in plaint Schedule “A” were originally held by one Sobran Sahu, who died issue-less on 27.09.1988 and since he was adopted by him from his childhood, being the son of his brother - Ramdev and the Will was executed by said Sobran Sahu on 09.06.1977 bequeathing the entire Schedule “A” properties to him, therefore, he acquired the same by way of inheritance as such after his death.

3. It is pleaded further that despite the inheritance of the aforesaid properties upon the sad