Heard learned counsel for the appellants.

2. This Second Appeal has been preferred under section 100 of the Code of Civil Procedure against the judgment and decree dated 23.05.2009 in Title Appeal no. 27 of 2006 passed by the District Judge, Serailkela-Kharsawan by which the learned lower appellate court dismissed the appeal.

3. The appellants, who were plaintiffs in the trial court filed Title Suit No. 5 /2003 with a prayer for declaration of plaintiffs’ rights, title and interest over the suit land and confirmation of possession and in the alternative recovery of possession besides costs and any other reliefs. The suit was with respect to R.S. Plot No. 2870 area 31 decimals, corresponding to old plot No. 2278.

4. It is the case of the plaintiff that the said plot besides others plots was acquired by the predecessors-in-interest of the plaintiffs under registered patta of raiyati jote under deed no. 3495 dated 14.06.29 executed by the appointed guardian of minor landlord Shri Satrughan Adityadeo and the predecessors-in--interest of the plaintiffs came in possession thereof as settlees.

5. It is further the case of the plaintiffs that an area of five Bighas, was sold to one A