G. C. DAS, J.

( 1 ) THIS is an appeal by the State of Orissa against the judgment of the subordinate Judge, Dhenkanal, dated 31-8-56 dismissing their appeal on the ground of limitation. The plaintiff filed a suit for a declaration that certain Government Notification was illegal, ultra vires and that he is entitled to the disputed land which was granted to him by the Ex-Ruler of Athamallik under a patta, Ext. 1. According to him, it was in pursuance of an order of the Ruler dated 10-8-1947, to sell out certain Katcha houses which had become uneconomical to the State and by virtue ot the proceeding dated 5-11-1947, a patta, Ext. 1 was executed and was handed over to the plaintiff on 3-1-1948. Page 2 of 3 In the meantime the Athmallik State had been integrated into the Province of Orissa on 1-1-1948. In the meantime after the Patta was executed in favour of the plaintiff he remained in possession of the house and the land which was Order 11 acre in extent and made certain improvements. The Sub-Divisional officer of Athmallik served a notice on the plaintiff on 18-7-1949 to surrender the site along with the house. The plaintiff eventually surrendered possession of the land and the ho