JUDGMENT :

A.K. Rath, J.

This appeal is directed against the judgment and decree dated 9.12.1987 and 18.12.1987 respectively passed by the learned District Judge, Cuttack in Title Appeal No.8 of 1987 partly allowing the judgment and decree dated 26.7.1986 and 5.8.1986 respectively passed by the learned Addl. Sub-Judge, Cuttack in Title Suit No.96 of 1974.

2. Plaintiff-appellant instituted the suit for declaration of possessory title over the suit land, for a declaration that the defendants have no of manner of right, title and interest over the same and permanent injunction. Case of the plaintiff was that the suit land was Anabadi land. The same belonged to the ex-intermediary. After abolition of estate, defendant no.1 claimed to be a tenant by virtue of lease purportedly granted by the landlord. A proceeding under Sec.5(1) of the Orissa Estates Abolition Act (in short, ‘the OEA Act’) was initiated. The Board of Revenue rejected the claim of defendant no.1 and set aside the lease. Pursuant to the order of cancellation, the Tahasildar took over possession of the land in the year 1957. Prior to abolition of estate, the plaintiff was in possession of the suit land. He constructed a thatc