JUDGMENT :

A.K. RATH, J.

1. Plaintiff is the appellant against a confirming judgment. The suit was for declaration of title over the suit property, delivery of possession and permanent injunction.

2. The case of the plaintiff was that the ex-intermediary granted a permanent lease deed on 2.8.1941 in his favour in respect of the suit land. In the sabik settlement, the suit land was recorded as river. But subsequently by process of alluvium, the land became a patha and fit for cultivation. He reclaimed the same and made it fit for cultivation. He planted trees over the same. He used to raise crops. The ex-intermediary submitted ekpadia in his favour after vesting. Though he had applied for settlement of the land to the Tahasildar, but no order was passed. He is in possession of the suit land peacefully, continuously and with the hostile animus to the defendants for near about 46 years and, as such, perfected title by way of adverse possession. In the current settlement, the land has been recorded as Abadayogya Anabadi. Due to his ignorance, he could not challenge the same before the Commissioner, Land Records and Settlement. While the matter stood thus, the Tahasildar initiated Encroach