JUDGMENT

The unsuccessful defendant No.1 and 2 are the appellants before this Court, being aggrieved by the judgment and decree passed by the learned Ad hoc Additional District Judge (FTC-4), Bhubaneswar in T.S. No. 380 of 2001 and they have called those in question in this appeal. By the said judgment, the suit of the plaintiff (respondent no. 1) for declaration of right, title and interest over the property described in A and A-2 of the plaint as prayed for has been decreed.

2. For the sake of convenience, clarity and to avoid confusion the parties hereinafter have been referred to as they have been arrayed in the Court below.

3. The case of the plaintiff is that he is the owner of a piece of land under hal plot No. 577 described in Schedule A-1 of the plaint. The land under Plot No. 578 originally belonged to defendant No.3 who is the cousin brother of the plaintiff and that adjoins the land under Plot No. 577. Plaintiff's further case is that he and defendant No.3 had purchased Plot No. 577 and 578, two adjoining plots in the year 1965. During Dushera period of the year 1968, when they were in the village in the district of Bargarh, defendant No.3 expressed his desire to alienate