JUDGMENT :

1. This second appeal has been filed calling in question the judgment and decree passed by learned Additional District Judge, Sambalpur in Title Appeal No. 21/3 of 2000/2001 arising out of the judgment and decree passed in T.S. 23 of 1995 on the file of learned Civil Judge (Sr. Divn.), Kuchinda.

2. The appellants along with one Mahesh Prasad Sahu had filed the above noted suit for declaration of their right, title, interest and possession over the suit land and for issuance of permanent injunction against the defendant-respondents from interfering in their possession in respect of the suit land.

The subject matter of the suit comprises of the land described in schedule ‘A’ and ‘B’ of the plaint. The trial court refused to grant the relief of declaration of right, title and interest in respect of land under both the schedule in favour of appellants and Mahesh Prasad Sahu, the plaintiffs. It however granted the relief of permanent injunction in protecting their possession in respect of the entire suit land restraining the respondent no. 2-defendant no.2 who was the appellant in the first appeal from interfering in the peaceful possession of the plaintiff-appellants and Mahesh