JUDGMENT :

Dr. B.R.Sarangi, J.

This is an intra-Court appeal preferred by the appellant to set aside the order dated 18.06.2014 passed by the learned single Judge in CMP No.74/2014 setting aside the order dated 21.01.2014 passed by the learned Civil Judge (Sr. Division), Kendrapara rejecting the plaint filed by the respondents in C.S. No.487/2013.

2. The factual matrix of the case in hand is that the Ex-Landlord, Kiran Kumar Mitra and his co-sharers inducted the grandfather of the appellant as a tenant by accepting rent and salami in respect of Sabik Plot No.352 under Sabik Khata No.228 corresponding to Hal Plot No.642 under Hal Khata No.458 and LR Plot No.537/1020 measuring area Ac. 0.05 decimal. The suit property was converted to Bari from Anabadi land and a house was constructed over the same wherein his family has been living by earning their livelihood from Tin business. In 1949 the appellant’s grandfather expired and his son Sk. Wadu (father of appellant) went on possessing the suit property along with the residential house. In a family settlement in 1972 the suit property fell to the share of the appellant whereafter he continued to possess the same as the residence and Tin sh