JUDGMENT :

A.K. RATH, J.

1. Defendant No. 1 is the appellant against a confirming judgment.

2. Respondent No. 1 as plaintiff instituted the suit for declaration of right, title and interest, confirmation of possession and in alternative recovery of possession in the event she has been dispossessed during pendency of the suit and permanent injunction. The case of the plaintiff is that Manbodh Urmal had a daughter, namely, Ahalya. Ahalya married to Lochan Buda. Lochan stayed in the house of Manbodh as illatom son-in-law. Gura, the plaintiff, and Sumitra, daughters were born out of their wedlock. Ahalya left the village and her whereabouts was not known. Sumitra died issueless. The suit schedule land was recorded in the name of Ahalya. After Ahalya left the village, the plaintiff and her father remain in possession of the land. At present, she is in possession of the land. They used to pay rent. After death of Lochan, the plaintiff remained in possession of the same. The defendant No. 1 made a claim over the suit schedule land. Thereafter she came to know that the defendant No. 1 claiming to be the adopted son of Manbodh mutated the land in his favour. No notice was issued to her or her