G. K. MISRA, J.

( 1 ) THE legal representatives of the original plaintiff are the appellants. The suit is for ejectment of the defendants from the suit site and for permanent injunction prohibiting the defendants from entering into the suit site and from proceeding with the construction of the houses. There was an allegation in the plaint that defendants 1 to 8 are the cousins of one Jagannath Behera and defendants 9 to 11 are their sworn friends, and all the defendants at the Instigation of Jagannath behera conspired and unlawfully encroached upon the suit site.

( 2 ) THE defence was that the defendants are in possession and enjoyment of the suit land from the time of their ancestors and are using it for storing manure to the knowledge of the plaintiff. The suit land is a poromboke land and the defendants are not aware how the plaintiff got the suit land recorded in his name. The plaintiffs title and possession were denied.

( 3 ) THE Courts below negatived the plaintiff's ease holding that the plaintiff had no title and possession within 12 years of the suit.

( 4 ) DURING the pendency of the second appeal, respondent-9 Dhanu Sahu (defendant 9) died on 15th December 1962. Appli