JUDGMENT :- This is the sole defendant's second appeal from the confirming decision dated 19-9-64 of Sri D. Hota, 5th Additional Subordinate Judge, passed in T. A. No. 155/64.

2. The suit was for eviction of the defendant from the suit-land of 0.032 decimals in extent with a house standing thereon, appertaining to C. S. Plot No. 149 of Khata No. 42 situated in Cuttack Municipality Ward No. 7 bearing holding No. 244 and for delivery of Khas possession thereof to the plaintiff. The plaintiff also claimed relief of permanent injunction restraining the defendants from interfering with the possession of the plaintiff after eviction from the suit-land.

3. The plaintiffs case is that the suit-land originally belonged to Janardan Panda, grandfather of plaintiff-1. One Chintamani Panda, adoptive father of defendant Biswanath Panda, is the sister's son of the said Janardan Panda. This Chitamani became an orphan at an early age. His father had left him a destitute by selling away all the family properties. Janardan his maternal uncle, out of compassionate grounds took upon himself the responsibility of rearing him up. He, therefore, took Chintamani into his house brought him up and got him marr