JUDGMENT :

Misra, J. - Preliminary order u/s 145, Code of Criminal Procedure was passed on 7-12-1963 on the application of the first party. The disputed lauds belonged to one Bhagi Swain who had two sons, Ananda and Kusai. Ananda died in the year 1945 leaving behind his widow Champa, who subsequently died and two daughters, Basanti and Keshi. Madan Mohan Mohanty husband of Keshi, is the sole member of the first party. Kusai and his Ghanashyam are the first two members of the second party. The six other members of the 2nd party do not claim any interest in the disputed lands. The case of the 1st party in his written statement is that the disputed lands excepting 52 decimals belonged to Bhagi Swain. Kusai Swain was given in adoption to one Kurupa Swain of Tanara from his childhood by Bhagi Swain. On the death of Bhagi, the entire property was thus inherited by Ananda. In the Current Settlement record-of-rights of the year 1928 the disputed lands excepting 52 decimals stood recorded in the name of Ananda. Ananda, after the settlement, purchased 52 decimals of land in his own name. Basanti was given away in marriage before Ananda's death and she was living all along with her husband in