G. B. PATNAIK, J.

( 1 ) THIS second appeal was referred by our learned brother Hon'ble L. Rath, J. , to a larger Bench as he did not agree with the decision of our learned brother Hon'ble S. C. Mohpatra, J. in Second Appeal No. 312 of 1980 decided on 8-1-1988 (reported in 1988) (1) Orissa LR 176) on the question whether in a suit filed by the plaintiff based on title for declaration on title and possession on the admitted position that he has been dispossessed, it would be necessary for the plaintiff to prove that the dispossession in question is within twelve years from the date of institution of suit. The learned counsel appearing for the appellants as well as for the respondents agree that only the legal question may be answered by the Division Bench and the matter may be referred back to the learned single Judge for disposal of the second appeal since the second appeal has been heard by our learned brother Hon'ble L. Rath, J. , in part. In view of this instead of disposing of the second appeal, we propose to answer the question formulated earlier.

( 2 ) IT is not necessary for us to state the facts and the findings of the courts below in detail which would appear from the ord