JUDGMENT :

A.K. Rath, J.

This appeal is directed against the judgment of the learned Subordinate, Anandapur in Title Appeal No. 7 of 1982 reversing the judgment of the learned Munsif, Anandapur.

2. Respondent no.1 as plaintiff instituted a suit for declaration that the decree passed in T.M.S No.72 of 1974 and mortgage deed executed in favour of defendant no.8 are illegal and invalid.

3. The following family tree would show the relationship of the parties.

Family Tree
Bira Sa = Tulsi
Sachi (daughter) D-5	Gopinath (son)	Jhumuri (daughter) D-6	Mauda (daughter) D-7	Parikhit (son)		Dharani (son) D-1
	Hiramani (wife) Plf.			Asamani(wife) (D.2)
				Kishore Son D-3	Bisaya (daughter) D-4

Case of the plaintiff was that Bira Sa was the common ancestor of the parties. After the death of Bira, the suit land was in possession of his three sons. Hi