JUDGMENT :

Both these appeals arise from the judgment and decree passed by the learned Additional District Judge, Bargarh in Title Appeal No. 40/2 of 1988-89 allowing the appeal in part and thereby decreeing plaintiff’s right and title only over the Schedule-B land and confirming his possession thereon followed by the direction to the defendants to give vacant possession of the same to the plaintiff within one month with liberty to the plaintiff to proceed in accordance with law for the same, if not so delivered.

The above noted appeal under section 96 of the Code of Civil Procedure was filed by the unsuccessful defendants in the court of learned Subordinate Judge, Padmapur in Title Suit No. 130 of 1986. The trial court had decreed the suit declaring plaintiff’s right, title and interest over the Schedule-A land and directing delivery of vacant possession to be given to the plaintiff in respect of the Schedule C and D land. It may be stated here that the land described in Schedule-A of the plaint is the total land over which the plaintiff had sought for the relief of declaration of right, title and interest and the Schedule-B is a part of it over which there remains no prayer in spec