JUDGMENT :

1. The appellants in this appeal have called in question the judgment and decree passed by the learned Sub-ordinate Judge, Kendrapara in T.A. No. 4/894/89 confirming the judgment and decree passed by the learned Munsif, Kendrapara in T.S. No.297/78.

The respondent no. 1 as the plaintiff had filed the suit for permanent injunction against the appellant-defendants from dispossessing him from the suit land and further restraining respondent-defendant nos. 1 and 2 from issuing any patta in favour of the other defendants. The suit having been decreed, the present appellants as the unsuccessful defendants had carried the appeal. As no such fruitful result has yielded in their favour, they have approached this Court with the present second appeal.

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 the suit land originally belonged to the Ex-Proprietor of Burdhwan estate. It is stated that the plaintiff being a landless person, he was in possession of the same with the permission of the Ex-Proprietor of the said estate having reclai