BEHERA, J.

( 1 ) THIS appeal has been directed against the judgement and decree passed in the suit instituted by the appellant as the plaintiff for a declaration of her title over the lands in suit and confirmation of her possession thereof and for permanent injunction restraining the defendants-respondents from interfering with her possession over the suit properties.

( 2 ) THE appellant is the daughter of late Chintamani Dalai born through Khali Dei (respondent 1 ). On the death of Chintamani, Khali had taken a second husband (respondent 1 (a)) according to the Dwitya form of marriage. The respondent 2, who had figured as the defendant 2 in the Court below, is the brother of Khali. According to the plaintiff-appellant, the properties described in schedule 'a' of the plaint were the ancestral raiyati lands of the family and the properties described in schedule 'b' of the plaint were Khamar lands belonging to her. In 1954, her father died leaving her and his widow Khali. In the month of Falgun of the year 1956, Khali remarried Gouranga (respondent 1 (a)) and on and from the date of her remarriage, she ceased to be the widow of Chintamani and consequently lost her title over the p