JUDGMENT :

A.K. Rath, J.

This is a plaintiff’s appeal against confirming judgment in a suit for permanent injunction.

2. An area of Ac.2.10 cents of land appertaining to survey no.347/1, out of Ac.12.50 cents of land in village-Pathara is the subject matter of dispute.

3. The Case of the plaintiff is that the suit land belongs to Revenue Department, Government of Orissa. He was a lessee in respect of the suit land since the year 1944. The lease was granted annually. The lease continued till 1979. In the year 1979, the Revenue Department, Government of Orissa took a decision to lease out the surplus land to landless persons in public auction. Accordingly, a letter, vide Ext.A was issued to the Board of Revenue, Orissa, Cuttack for implementation of the decision. In the year 1980, the Government modified its earlier decision and took a decision that in the event, the surplus lands were in occupation of lessees, who are landless, then those lands, would not be put to auction. The land shall be leased out to them on annual basis on payment of rent. On 11.04.1980, a letter was issued, vide Ext.3, to the Board of Revenue for implementation of the modified decision. The Tahasildar, Berhampur,