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 a tank thereon. Gradually he reclaimed an area of Ac.0.73 dec. out of plot no.1937. He filed an application for lease of the land, which was registered as R.F. Case No.144/61 of 1959-60. The case was disposed of in favour of father of the plaintiff on 15.2.1962. It was further pleaded that Ac.0.88 dec. of land appertaining to C.S. khata no.346, plot no.1926 was settled in the name of his father by means of a registered permanent lease deed dated 26.5.46 executed by the then landlord. His father was in possession of A0.13.35 dec. of land. After vesting, it was found that the ex-intermediary had not submitted the rafa in respect of Ac.5.00 dec. of land appertaining to C.S. plot no.1924. Thereafter, the Tahasildar, Balasore initiated L.E.Case No.87 of 1967 against his father in respect of Ac.5.00 dec. of land. The case was dropped on 25.6.1973. The Tahasildar directed the Revenue Inspector to open tenants ledger, realize annual rent and cess with interest from the date of vesting. His father died in the year 1969 leaving behind his only heir. During the major settlement, the land was recorded in the name of the State under Abadjogya Anabadi Khata. He filed a revision before the Commissioner, Land Records and Settlement, Orissa. The latter directed the plaintiff to agitate his claim before the Tahasildar, Balasore. Pursuant to the direction of the Commissioner, Land Records and Settlement, he filed an application before the Tahasildar, Balasore. The same was rejected. With this factual scenario, he instituted the suit seeking the relief mentioned supra. It is apt to state here that during pendency of the suit the sole plaintiff died, whereafter his legal heirs have been substituted.

3. The defendant filed written statement denying the assertions made in the plaint. The case of the defendant was that on verification of the current settlement record of right, it was found that Anabadi khata no.251, plot no.1924, area Ac.48.69 dec., Puruna Padia of mouza-Inchudi is a big patch of land out of which suit land is Ac.11.14 dec.. Anabadi khata no.251, plot no.1964, area Ac.106.11 dec., out of which the suit land is A0.30 dec. It’s kissam is bali. Out of Ac.41.77 dec. of land appertaining to Anabadi khata no.336, plot no.1926, the suit land is A0.88 dec. Anabadi khata no.336, plot no.1937, area 25.81 dec., out of which the suit land is A0.30 dec. It’s kissam is gocher. It was further found that kissam of plot nos.3345, 3382, 3386, 3387 and 3388 is gochar. Kissam of Plot nos.3343, 3344, 3348, 3349, 3351 and 2984 is Sarad-II and plot no.3360 is Gharbari. In the remarks column of the said schedule, illegal possession of Sisir Chandra Sen has been reflected. Father of the plaintiff applied for settlement of an area A0.30 dec. out of A.106.11 dec. appertaining to C.S.P