JUDGMENT :

1. This appeal has been filed against the judgment and decree passed by the learned Sub-ordinate Judge, Boudh (as it was then) in T.A. 7 of 1988 confirming the judgment and decree passed by the learned Munsif, Boudh in T.S. No. 37 of 1977.

The predecessor-in-interest of the present appellants namely Jayadev Sahu had filed the suit for declaration that he is entitled to be in possession of the suit land. During the suit, he died. So these appellants being his legal representatives pursued the suit. The suit having been dismissed, they had carried the first appeal under Section 96 of the Code of Civil Procedure. Having lost in that appeal, the present move is before this Court by filing this second appeal under Section 100 of the Code.

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 courts below.

3. Plaintiff’s case is that Ananta and Santha are two brothers. Ananta had one son namely Benu and two daughters namely, Gelhi and Beti. Kia is the daughter of Beti. The three sons of Santha are namely Dirju, Meghu and Hari. Dirju and Hari are issueless whereas Meghu’s so