JUDGMENT :

Dr. A.K.RATH, J.

Defendant nos. 1 and 2 are the appellants against a confirming judgment.

2. Respondent no.1 as plaintiff instituted O.S.No.42 of 1982-I in the court of the learned Addl. Munsif, Balasore for declaration of occupancy right, confirmation of possession and permanent injunction impleading the appellants and respondents 2 and 3 as defendants. The case of the plaintiff is that the suit schedule land was recorded in the name of Kumar Udayanath Birbar in C.S. R.O.R. He was the proprietor of the estate. Jumina Bibi and others were the intermediary of the holding having Bajyapti Madhya Satwadhikary interest over the land. The intermediary abandoned the possession of the suit land just after the C.S. operation was over. Thereafter the proprietor took over the possession of the land in question. The kissam of the land was recorded as Puruna Padia, but in the column meant for recording the name of tenants, the same was recorded as canal, which was obviously a mistake. Though, in fact, there was a canal in the early part of 20th century, but a portion towards south of river Budha Balanga lying unused for more than fifty years. The same was neither used for irrigation nor