JUDGMENT :

The appellant by filing this appeal under section 100 of the Code of Civil Procedure (for short ‘the Code’) has called in question the judgment and decree dated 23.11.2012 and 06.12.2012 respectively passed by the learned Additional District Judge, Bhubaneswar under R.F.A. No. 15/33 of 2010.

2. By the aforesaid judgment and decree, the learned lower appellate court has refused to interfere with the judgment and decree passed by the learned Civil Judge (Jr. Division), Bhubaneswar in Title Suit No. 918 of 2001 (415/95). The present appellant having filed the suit as the plaintiff, the trial court had dismissed the same. The lower appellate court on being moved by the aggrieved plaintiff has in the final round confirmed those judgment and decree impugned in the first appeal.

3. For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to as they have been arraigned in the trial court.

4. Facts necessary for the purpose of this appeal are as follows :-

The plaintiff is a Church Institution under the name “St. John in the Wilderness”, At/P.O. Jatni and represented through Calcutta Diocesan Trust Association (Pvt.) (fo