JUDGMENT :

This appeal has been filed challenging the judgment and decree passed by the learned District Judge, Cuttack in R.F.A. No.47/2002 reversing the judgment and decree passed by the learned Civil Judge (Sr. Division), Athagarh in Title Suit No.36 of 2000.

The respondent as the plaintiff had filed the suit against the appellant-State represented by the Collector of the District and another officer for declaration of his title and confirmation of possession over the suit land with further relief of permanent injunction restraining the defendant-appellants from interfering with his possession.

The suit having been dismissed, the present respondent as the unsuccessful plaintiff had carried the first appeal. That appeal as has been allowed and the suit has thus been decreed granting all the reliefs as claimed, the defendants being aggrieved by the same has filed this appeal under section 100 of the Code of Civil Procedure.

2. For the sake of convenience, in order to bring in clarity and avoid confusion, the parties hereinafter have been referred to as they have been arraigned in the trial court.

3. Plaintiff’s case is that his paternal grandfather, namely, Bhaiga Samantaray possessed