JUDGMENT

This appeal is directed against the judgment and decree passed by the learned District Judge, Balasore in S.J.Appeal No. 25 of 1994-I. The appellant therein was the unsuccessful plaintiff in the trial Court as his suit for declaration of title, recovery of possession and injunction had been dismissed. On an appeal being filed under Section 96 of the Code of Civil Procedure, the same having been allowed, the suit has been decreed granting all the reliefs to the plaintiff-appellant.

So the defendants being aggrieved by the judgment and decree passed by the lower appellate Court have filed this appeal under Section 100 of the Code of Civil Procedure.

2.The parties hereinafter have been described as per their position as assigned in the trial Court in order to avoid confusion, bring in clarity and also for the sake of convenience.

3.Plaintiff’s case is that Bhagabat, Kailash and Gagan Behari, the three sons of Sundar Mohan had purchased the suit land and as such being the lawful purchasers were in possession. They had constructed six pucca rooms in a row over there. Sometime thereafter when dissention arose in the family, Bhagabat and his daughter’s son filed a suit i.e. T.S.