JUDGMENT

A. K. PARICHHA, J. — This appeal is directed against the judgment and decree passed by learned Subordinate Judge, Rourkela in Title Appeal No. 8 of 1985 confirming the judgment and decree passed by learned Munsif, Bonai in Title Suit No. 6 of 1984.

2. The present respondents, as plaintiffs, filed Title Suit No. 6 of 1984 in the Court of learned Munsif, Bonai asking for declaration of their right and title over the suit property and also for declaration that the institution of Encroachment Case No. 116 of 1984 under O.P.L.E. Act for their eviction from the suit land is null and void and without any jurisdiction. Prayer for permanent injunction restraining the present appel¬lants from evicting respondents from the suit land was also sought for.

The case of the plaintiffs is essence, is that, their father was the owner in possession and recorded tenant in respect of the suit land, but in the current settlement inadvertently the said land was recorded in the name of the State. The plaintiffs filed mutation case before the Tahasildar, Bonai for deleting the name of the State and to record their names in respect of the suit land, but their prayer was rejected, whereafter they pr