S. ACHARYA, J.

( 1 ) THIS is an appeal by the defendants against the judgment of the 1st Addl. District Judge, Cuttack, in Title Appeal No. 146 of 1962 confirming the judgment of the First Additional Subordinate Judge, Cuttack, in Title Suit No. 214 of 1959.

( 2 ) THE plaintiffs suit, in short, was for declaration of title and confirmation of possession or in the alternative for recovery of possession in respect of 4 decimals 5 Kadis of land out of plot No. 620 and also for a permanent injun- ction restraining the defendants from interfering with the plaintiff's possession of the aforesaid portion of the land. The plaintiff also claimed damages for Rupees 300/and a direction on the defendants to demolish a certain construction. He claimed title to the disputed land on the basis of a compromise entered into between himself and defendants 3 and 4 and one Svamsundar Das (since dead) in a previous suit (T. S. No. 170/42 of 1955-57 in the Court of the 1st Munsif at cuttack ). The defendants contested the suit on various grounds, and I would refer to the same as and when necessary. The plaintiff succeeded in both the Courts below in getting a declaration that he acquired title to the d