JUDGMENT

S. PANDA, J. : The appellants who are defendant Nos. 1 to 3 have preferred this appeal against the judgment and decree dated 23.8.1979 and 1.9.1979 respectively passed by the learned Subor¬dinate Judge, Bolangir in Title Suit No. 212 of 1972.

2. The brief facts of the case are as follows :

The present respondent Nos. 1 to 3 as the plaintiffs filed Title Suit No. 212 of 1972 for declaration of title over the land measuring an area of Ac. 14.43 decimals appertaining to Holding No. 8/1 of village Antarla, Plot nos. 377, 376, 375, 372 etc. as per the map attached to the plaint and the usufruct of the suit land which was attached under a 145 Cr.P.C. proceeding.

3. The plaintiffs’ case is that they are the owner in possession of the suit land. On 2.10.1972, as defendant Nos. 1 to 3 forcibly trespassed upon the suit land and interfered with their possession, they initiated a proceeding under Section 145 Cr.P.C. against defendant Nos. 1 to 3. In the said proceeding, the suit land alongwith the standing paddy crops was attached and during pendency of the proceeding, it came to the knowledge of the plaintiffs that defendant Nos. 4 to 6, who are the brothers of the plaintiffs, having