JUDGMENT

SANJU PANDA, J.-The Appellant, who is Defendant No.2 in the Court below, challenging the Judgment & decree dated 16.12.1982 & 23.12.1982 respectively passed by the Learned Sub-Judge, Athagarh in Title Suit No.2 of 1979 has filed this appeal.

2. The facts of the case are as follows Respondent Nos. 1, 2 & 3 as Plaintiffs filed a suit which was registered as Title Suit No.2 of 1979 with the following prayer:

(i) a decree for declaration of joint right, title & interest as well as that of Defendant No.1 in respect of the suit properties fully described in the Schedule of the plaint (ii) for a declaration that the Schedule properties mentioned in the plaint as joint family properties of the Plaintiffs & that of Defendant No.1.

(iii) for a declaration that Defendant No.3 is not the adopted son of Defendant No.1.

(iv) delivery of possession of 'A' & 'A/1' Schedule lands to the Plaintiffs & Defendant No.1 through Court.

(v) for grant of Rs. 3,000 as mesne profit as against Defendant No.2.

(vi) issue of a mandatory injunction to Defendant No.2 to unlock the residential building belonging to the Plaintiffs & restraining him from interfering with the peaceful possession & enjoyment thereo