JUDGMENT :

A.K. Rath, J.

Defendants are the appellants against a confirming judgment.

2. Panchu Majhi, predecessor-in-interest of respondent nos.1 and 2, as plaintiff instituted the suit for recovery of possession and mesne profit. The case of the plaintiff was that the suit land was the self-acquired property of his father, Raghu Majhi. They were in possession of the suit land. One Lambu Majhi, a distant relative, was staying with him. He had no title over the suit land. But then, the suit land was jointly recorded in the final ROR. Lambu died issueless. Defendant no.1 was brought by his father to help him in cultivation. He had no right over the suit land. While the matter stood thus, his father died in the year 1972. Taking advantage of his innocence, the defendant nos.2 to 4, sons of defendant no.1, created disturbances. They filed Mutation Case No.1018/79 before the Tahasildar, Kodinga to mutate the land in their favour. No enquiry was made. Without considering the matter in its proper perspective, the Tahasildar allowed the case on 8.12.79. Pursuant to the order passed by