JUDGMENT :

A.K. RATH, J.

The plaintiffs are the appellants against a confirming judgment.

2. Muralidhar Patra, the predecessor in interest of the plaintiffs, instituted T.S. No.328 of 1987 for declaration of occupancy right over the suit land in the court of the learned Munsif, Kendrapara. The case of the plaintiff is that the suit land was Anabadi land. It was lying fallow with thorny bushes and hills. The then Landlord and their employees allowed his father to reclaim and convert the land into cultivable land with mutual understanding to settle the same in favour of his father on occupancy basis for the purpose of agriculture. His father reclaimed the land, spent huge amount and made it fit for cultivation in the year 1940. He raised pagara and green fence all around it and made it a compact block. For raising of various crops, he constructed a farm house over the suit land and cowshed. He planted coconut trees over the said land in the year 1945. His father died in the year 1945. After his father he became the successor-in-interest. He constructed a building thereon. In the settlement, the Settlement Officer wrongly recorded the suit land as Abada Jogya Anabadi. The same is illegal