JUDGMENT

This appeal has been filed challenging the judgment and decree passed by the learned District Judge, Koraput in T.A. No. 29 of 1986 setting aside the judgment and decree passed by learned Sub-ordinate Judge, Jeypore (as it was then) in T.S. No. 73 of 1983. The trial Court had decreed the suit declaring the title of the appellant no. 1 over the suit land and had directed the defendant respondents to deliver vacant possession of the suit property and also to pay damage. The lower appellate Court has allowed the appeal filed by the aggrieved respondents (defendants) and has dismissed the suit reversing the findings of the trial Court and also the result thereof. So, the appellants being the unsuccessful plaintiffs have been filed this appeal. It may be stated here that during pendency of this appeal, appellant no.1 (plaintiff no. 1) died. The respondent-defendants raised an objection for further progress of the appeal for its disposal in accordance with law contending that the appellant no. 1 (plaintiff no. 1) having died without leaving any legal representative in whose favour, the right sue survives, the appeal has to abate. The appellant no. 2 on the basis of his status as