R. N. MISRA, J.

( 1 ) THIS is a Letters Patent appeal directed against the judgment of a learned single Judge in second appeal at the instance of the plaintiff.

( 2 ) ON 14-5-1970, plaintiff filed the suit for declaration that the properties in dispute belonged to her, the order of the Estates Abolition Collector settling the lands with the defendant was void, for permanent injunction against the defendant from entering upon the disputed properties and for recovery of possession of a house on the allegation that the disputed properties constituted village carpenter's service inam and on the death of Jogi (plaintiff's husband) in 1921, his son Gadadhar had succeeded to the property. Gadadhar however, died in 1943 and thereafter plaintiff was in possession of the disputed properties. As the defendant started interfering with the plaintiff's possession and enjoyment, she was forced to come to court.

( 3 ) DEFENDANT is the son of Jogi's brother Bhima. According to his case, after Jogi died in 1921, Bhima rendered service and came to possess the property. Bhima died in 1945 and after him, defendant was rendering service and was in possession. In regard to two plots, no claim was rais