JUDGMENT :

Dr. A.K. RATH, J.

1. Plaintiff no.2 is the appellant against an affirming judgment.

2. Appellant along with respondent nos.4 & 5 as plaintiffs instituted Title Suit No.78 of 1995 in the court of the learned Civil Judge (Senior Division), Jagatsinghpur for declaration of right, title and interest over the suit land impleading respondents 1, 2 and 3 as defendants. The case of plaintiffs is that C.S. Khata No.109 appertaining to C.S. Plot no.533 measuring an area Ac.192.00 of mouza Padmapur originally recorded in the name of Gokula Chandra Laha, Ex. Proprietor, in the C.S. record of right published in the year 1931. The same was recorded as ‘Anabadi’ land. The kissam was Jhati Jungle. In the year 1945 Gokula Chandra Laha leased out Ac.31.00 of land to one Jogamaya Maity on fixation of annual fair rent for agricultural purposes and delivered possession. Thereafter Jogamaya Maity transferred the same with permission of Ex- Landlord in favour of Jagannath Das, Balaram Das, sons of Sagar Charan Das, Paban Chandra Mandal, Rakhal Chandra Mandal, Srimanta Mandal, sons of Kali Charan Mandal by means of a registered sale deed dated 18.6.1952 and delivered possession. After abolition of