JUDGMENT :

A.K. Rath, J.

This is a plaintiff’s appeal against confirming judgment. The suit was for declaration of title and permanent injunction.

2. An area of Ac.0.050 cents of land appertaining to Survey No.289/948, P.O./P.S./Tahasil-Purushottampur in the district of Ganjam is the subject-matter of dispute.

3. The case of the plaintiff was that the suit land was originally recorded as ‘Gramakantha Paramboke’. His grandfather, Narayan Das, had purchased the suit land by means of a registered sale deed no.1302 dated 06.06.1913 from one Govinda Das. His grandfather was in possession of the suit land. Thereafter, the suit land is in possession of his family members. He had constructed a thatched house over the suit land. In the year 1978, he installed a mill over the suit land. While matter stood thus, the Tahasildar, Purushottampur, defendant no.2, initiated Encroachment Case No. 123 of 1979 against him. Order of eviction was passed. Assailing the order, he filed O.P.L.E. Appeal No. 06 of 1984 before the Sub-Collector, Ganjam, Chatrapur. The appeal was dismissed. On 16.10.1992, he made an application to defendant no.2 to settle the suit land in his favour. But no order has been passed.