JUDGMENT :

1. These two appeals arise out of the judgment and decree passed by learned Subordinate Judge, Rourkela (as it was then) in Title Suit No. 29 of 1979.

2. It is pertinent to mention at this stage:-

(I) The appellant nos. 3 to 5 in the appeal under above Item (A) are the defendant nos. 3 to 5 in the trial court. The legal representatives of original defendant no.2 already on record are also the appellants. One of them i.e. appellant no. 2 has died during pendency of this appeal. Since her legal representatives are already on record, her name has been expunged as dead. Those legal representatives of original defendant no. 2 had been brought on record during the trial of the suit.

The original plaintiff who had been arraigned as respondent no. 1 in this appeal having died during the pendency of this appeal now his legal representatives are the respondent nos. 1(a) to 1 (f). Appellant no. 4 was the defendant no. 4 in the trial court and he having died during this appeal, his legal representatives are on record as appellant nos. 4(a) to 4(e). Appellant no. 5 having died during pendency of this appeal, his legal representatives have been brought on record as respondent nos. 5(a) to