P. K. MISRA, J.

( 1 ) DEFENDANT, is the appellant against a confirming judgment in a suit for declaration of title, confirmation, or in the alternative, recovery of possession.

( 2 ) THE plaintiffs' case is as follows: The plaintiffs are the descendants of Shiva Mali, The disputed land measuring Ac. 3. 02 decimals consisting of five plots as described in the plaint schedule is a part of Current Settlement Khata No. 84 of the year 1955-56. Khata No. 84 measuring Ac. 12. 58 decimals was recorded in the names of three sons of Shiva Mali, namely Bhanu Mali (plaintiff No. 1), Kanhu Mali and Tila Mali (plaintiff of No, 4), Plaintiffs 2 and 3 being the daughters of Kanhu Mali are his successors. During 1970-71, the Tehsildar, Dharamgarh, initiated Encroachment case No. 192/-70-71 against original plaintiff No. 1 alone in respect of plot Nos. 210 and 214, which are part of the disputed land. Plaintiff No. 1 on enquiry, discovered that the disputed lands have been deleted from original Khata No. 84 and were recorded in the name on State of Orissa in a rent abatement proceeding of the Collector, Kalehandi, by order dated 29-3-1961, It is the case of the plaintiffs that the aforesaid rent ab