JUDGMENT

A. K. PARICHHA, J. — This is an appeal by the defendants against the judgment and decree of learned Civil Judge (Sr.Divi¬sion), Bhubaneswar in Title Suit No. 382 of 1998.

2. Respondent as plaintiff filed the above said suit for declaration of his title, confirmation of his possession over the suit land, for issue of permanent injunction restraining the defendants from interfering in his possession over the same and also for direction to the defendants to declare that the record of the suit land prepared by the settlement authorities is wrong and illegal and to prepare the record of rights for the suit land in his name and to disburse that record of rights to him.

3. The plaintiff-respondent’s case in brief was that late Choudhury Chakradhar Mohapatra, the Ex-Zamindar of Gadakana area was in occupation of Ac. 64.65 decimals of Anabadi land including the suit land. The said Zamindar permanently leased out the suit land measuring Ac. 1.00 in favour of the respondent’s father by means of a HATAPATTA on 20.05.1941 for the purpose of cultiva¬tion. The father of the respondent thereafter constructed a thatched house on the suit land and cultivated the land by grow¬ing paddy and o