JUDGMENT :

A.K. RATH, J.

This is a defendants’ appeal against reversing judgment.

2. The respondent as plaintiff instituted T.S.No.169 of 1984 in the court of the learned Munsif, Berhampur for declaration of title and certain other ancillary reliefs impleading the appellants as defendants. The case of the plaintiff is that the suit schedule land had been allotted to his father on 17.12.1946 under Grow More Food Scheme by the Tahasildar, Berhampur, defendant no.1. His father was in possession of the said land. He died in the year 1952. After him, his mother remained in possession of the suit land. While the matter stood thus, defendant no.1 initiated L.E.C.No.102 of 1972 under the Orissa Prevention of Land Encroachment Act (in short “the O.P.L.E. Act”) against his mother. The defendant no.1 dropped the proceeding holding, inter alia, that the mother of the plaintiff was in possession of the suit land for more than thirty years; thus acquired title by way of adverse possession. The defendant no.1 directed to transfer the lease section on 6.5.1978. Thereafter his mother filed Mutation Case No.5798 of 1978 for mutation of the land, but no order was passed. While the matter stood thus, his