P. C. MISRA, J.

( 1 ) DEFENDANTS 1 (Ka) to 1 (Ga) in Title Suit No. 29 of 1974 of the Court of Subordinate Judge, Jajpur are the appellants in this appeal against a confirming judgement. The suit is one for declaration of title of the plaintiffs and for recovery of possession after setting aside the order passed in a proceeding u/s. 145, Cr. P. C. in respect of Ac. 6. 23 decimals of land appertaining to Khata No. 375 in Mauza Markandapur described in detail in Schedule 'a' of the plaint.

( 2 ) ONE Markand Pani was the original proprietor of Tauzi No. 523 comprising the disputed plots appertaining to Khata No. 375. He executed a registered will on 7-12-1930 in favour of one Radhakanta Pani and Kumuduni Dasi (mother of Radhakanta) in respect of the disputed properties and some other undisputed properties, and appointed one Krushna Prasad Singh, Pleader, Jajpur as the executor of the Will. After Markanda's death in 1930, the aforesaid Kumuduni Dasi executed a Will in favour of her son Radhakanta in respect of all her properties including her interest in the suit Khata. She died in the year 1936 whereafter Radhakanta became the sole owner of the lands covered under the suit khata. Kru