Judgement

R. N. MISHRA, J. :- Legal representatives of the original plaintiff have brought this appeal against the reversing judgement and decree of the learned Additional District Judge of Cuttack in a suit for title, possession and recovery of damages as also mesne profits. Plaintiff claimed that he and his co-sharer (the second defendant) purchased plot No. 2441 with an area of 60 decimals along with certain other properties in the year 1940 and ever since then they have been in possession as owners. In a partition between the co-sharers made subsequently the disputed property came to the plaintiff as exclusive owner. On a part of this plot he raised a house and continued to enjoy the vacant site as a threshing-floor. Plaintiff being an advocate s clerk usually stayed away from home. Defendant No. 1 happens to be the owner of plot No. 2442 adjoining the disputed property on the south. The property covered by plot No. 2441 vested in the State under the provisions of the Orissa Estates Abolition Act, 1951, and on an appropriate application under Chapter-II thereof, the same has been settled with the plaintiff and defendants 2 and 3. Defendant No. 1 constructed a boundary wall somet