JUDGMENT

A. K. PARICHHA, J. — This appeal is directed against the judgment and decree passed by the learned Additional District Judge, Jajpur in Title Appeal No. 8 of 1980 (93 of 1987).

2. The original appellant, Duryodhan Das, the plaintiff filed T.S.No. 94 of 1975 in the Court of Munsif, Jajpur praying for a decree of injunction restraining the defendants (who are the present respondents) from entering into the suit land and disturbing his possession. The case of the plaintiff in essence was that one Kartika Das had three sons, namely, Indra, Mandara and Sundara and these sons inherited the properties of Kartika. Mandara separated himself from other two brothers and got his five annas and four paise share, while the other two brothers remained joint. Sundara died in such state of jointness without leaving any male heir. Sabi, the widow of Sundara also executed a gift deed in favour of the plaintiff. So, the plaintiff as the sole surviving heir inherited the entire ten annas and eight paise share of Sundara and Indra and remained in possession of the same. Suryamani, the son of Mandara, being the elder-member was looking after the settlement operation and he got the suit lands rec