JUDGMENT :

A.K. RATH, J.

The plaintiffs are the appellants against an affirming judgment.

2. Sisir Chandra Sen, the predecessor-in-interest of the appellants, instituted the suit for declaration that the suit schedule property is a part and parcel of his lease hold land, confirmation of possession and in the alternative for recovery of possession. The case of the plaintiff is that his father acquired Ac.13.35 dec. of land in village Inchudi described in schedule ‘A’ and ‘B’ property from the then landlord either by way of Amalanama or by way of registered lease deed. Before the estate vested in the State, the ex-intermediary leased out Ac.11.14 dec. of land appertaining to C.S.khata No.251, Anabadi C.S.plot no.1924. Inadvertently he could not submit rafa in his father’s name in respect of Ac.5.00 dec. of land. His father acquired Ac.0.30 dec. of land appertaining to C.S.khata no.336, C.S.plot no.1937 by means of an Amalanama dated 12.4.44 granted by the ex-intermediary. He paid rent to the ex-intermediary. The ex-intermediary did not submit rafa in the name of his father. His father reclaimed Ac.0.30 dec. of land out of the adjoining plot no.1964 out of C.S.plot no.1937 and excavated