JAGANNADHA DAS, J.

( 1 ) THE defendants are the appellants in these two second appeals. They arise out of two suits O. S. 11/46 and O. S. 82/46 on the file of the District Munsif of puri tried analogously (simultaneously? ). The plaintiff and the defendants are the same in both the suits and they relate substantially to the same matter. There was a common judgment in both the suits and the appeals therefrom to the lover appellate Court were also heard analogously (simultaneously?) and dealt with by a common judgment. The suits had been decreed by the trial court and the said decrees were confirmed in appeal. Defendant 1 in both the suits who is appellant in these appeals is the Chairman, District Board of Puri, defendants 2 and 3 in both the suits who are appellants 2 and 3 before as are lessees from the District Board of a portion of plot No. 736 in Mouza Kudiara. Defendant 2 is a minor represented by his mother and guardian, defendant 3. That plot is a road side land abutting on the District Board road running from pipli to Khuria. The plantiff (respondent In both the appeals) is the present owner as has been found by the Courts below-of plot no. 787. He has started constructing