JUDGMENT :

D. DASH, J.

1. The appellants in this appeal have called in question, the judgment and decree passed by the learned 1st Ad hoc Additional District Judge, Sundargarh in R.F.A. No. 26/32 of 2004.

The respondent as the plaintiff had filed the suit i.e., Title Suit No. 03 of 1998 in the Court of Civil Judge (Sr. Division), Sundargarh for declaration of his right, title and interest over the suit land, for recovery of possession and permanent injunction. The suit having been decreed, the appellants before this Court as the unsuccessful defendants had carried the first appeal. In the said appeal under Section 96 of the Code of Civil Procedure, the judgment and decree passed by the trial Court having been confirmed the present appeal under Section 100 of the Code has come to be filed.

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

3. The plaintiff's case is that one Biratendra Sekhar Deo and his brother Bharatendra Sekhar Deo were the recorded tenants in respect of Hal Khata No. 507 extending an area of Ac. 16.02 decimals. There was an amicable partition b