D.G.R. Patnaik, J.

1. The appellants/plaintiffs have filed the instant appeal against the judgment dated 15.10.1996 and its corresponding decree dated 23.11.1996, passed in Title Suit No. 1 of 1995 by the Subordinate Judge-I, Simdega, whereby the suit of the plaintiffs was dismissed. The suit was filed for a declaration that the permission order dated 07.12.1962 passed by the Rent Suit Deputy Collector in Miscellaneous Case No. 92 R8 II of 1962 is illegal, void and without jurisdiction and also for a declaration that the registered deed of gift executed on 21.12.1962 by Luisa Tirkey in favour of her daughter Josiphin Lakra (defendant No. 1) is void, illegal and inoperative and with a further prayer that after adjudication of the right, title, interest as well as possession of the plaintiffs over the suit land fully described in Schedule A to the plaint, to order for delivery of possession of the suit land to the plaintiffs.

2. The parties belong to the same family having a common ancestor. As per the genealogy admitted by the parties, Lajru Mahto was the common ancestor, who had two sons, namely, Botko and Buta, While Botko had two sons, namely, Lodo and Turchu, Buta had one