JUDGMENT

L. MOHAPATRA, J. — Defendants 1/b, 1/c and 1/d are the appel¬lants before this Court against a confirming judgment. Plaintiff-respondent No. 1 having expired during pendency of the appeal, three of her legal heirs have been substituted in her place as respondents 1/a, 1/b and 1/c.

Plaintiff had filed the suit for declaration of her title over the suit property, confirmation of possession and in the alternative for recovery of possession as well as for permanent injunction restraining the defendants from making any construc¬tion over the suit land or interfering with her possession in any manner whatsoever.

2. Case of the plaintiff is that the suit land originally belonged to one Ratnakar Chhotray, Gurudeb Chhotaray and Indram¬ani Chhotaray. The original owners for their legal necessity sold the same in favour of one Amulyanath Mitra, father of defendant No. 3 under a registered sale deed dated 11.8.1947 and after such purchase Amulyanath Mitra took possession of the land. While in possession Amulyanath Mitra for legal necessity sold the land in favour of the plaintiff on 5.12.1957 under a registered sale-deed and thereafter the plaintiff remained in possession of the same.