R. N. MISRA, J.

( 1 ) LEGAL representatives of the plaintiff are in appeal against the affirming judgment and decree of the learned Additional District Judge of Dhenkanal in a suit for title, confirmation of possession and permanent injunction.

( 2 ) O. S. No. 40 of 1954 had been filed on 11-3-1954 for recovery of possession from the plaintiff on the allegation that the defendant had been forcibly dispossessed on 16-12-1953 and the suit was decreed for recovery of possession on 7-7-1955. Execution of the decree had been levied and the last execution case being No. 12 of 1966 for recovery of possession was pending when on 19-12-1966, the plaintiff filed the present action being Title Suit No. 75 of 1966 alleging in para 12 of the plaint :-

"that as the defendants are not to dispossess the plaintiff from the suit land by levying execution of the decree in O. S. No. 40 of 1954, vide Execution Case No. 12 of 1966, pending in the court of the munsif, Dhenkanal, and since in the Settlement of 1965 the disputed land has been wrongly recorded in the names of the defendants, the plaintiff institutes the suit for declaration of his title, confirmation of his possession and a permanent inju