JUDGMENT :

Dr. A.K. Rath, J.

This appeal is directed against the judgment and decree dated 29.11.2002 and 09.12.2002 respectively passed by the learned Addl. District Judge, Jagatsinghpur in Title Appeal No.112 of 1997 dismissing the appeal and thereby confirming the judgment and decree dated 30.09.1997 and 25.10.1997 respectively passed by the learned Civil Judge (Senior Division), Jagatsinghpur in Title Suit No.191 of 1995.

2. Plaintiff-respondent no.1 instituted the suit for declaration of right, title and interest over the suit land, decree passed in Title Suit No.171 of 1991 and Title Suit No.320 of 1993 are invalid, inoperative and not binding on him, order dated 27.8.1994 passed by the Tahasildar in mutation case in favour of defendant no.1 is illegal and permanent injunction.

3. The dispute pertains to an area of Ac.0.28 dec. out of Ac.2.45 dec. appertaining to Sabik Khata No.1, Sabik Plot No.446 which corresponds to Consolidation Khata No.584, Consolidation Plot No.698.

4. Case of the plaintiff was that Sabik Plot No.446 appertaining to Sabik Khata No.1, Ac.2.45 dec. of land was recorded as ‘Nijchas land’ of ex-intermediary Rai Bahadur Bijoy Chand Mohatab of Burdhwan estate. Th