JUDGMENT

The unsuccessful plaintiff through his power of attorney who is his son has filed this appeal challenging the judgment and decree passed by the learned Civil Judge (Senior Division) Dhenkanal in Civil Suit No. 258 of 2007 dismissing his suit.

The plaintiff through his son holding his power of attorney had filed the suit for declaration of his right, title and interest over the suit land, for confirmation of possession and issuance of permanent injunction with confirmation of his possession over the suit land. The suit has been dismissed by judgment and decree dated 30.04.2011 and 16.05.2011 respectively. It may be stated at the cost of the repeatation here that the son of the plaintiff holding plaintiff’s power of attorney in prosecuting the suit in the trial Court had tendered the evidence on behalf of the plaintiff by examining himself as one of the witness for the plaintiff and he is now also prosecuting this appeal.

2. For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to as they have been arraigned in the trial Court.

3. Plaintiff’s case is that he is the owner in physical possession of the land