JUDGMENT :

A.S. Naidu, J. - The original Appellant Kasinath Panda was the Defendant in Original Suit No. 127 of 1981-1 of the Court of the then Munsif, Bhubaneswar. He having expired during pendency of the present litigation, his L.Rs have been substituted in his place as the Appellants. Similarly, the original Plaintiff in the said suit, namely, Silla Satyabadi Patra having expired, his L.Rs have been substituted in his place who are the present Respondents.

2. The aforesaid Original Suit was filed by Silla Satyabadi Patra, the predecessor of the present Respondents, with a prayer for declaration that all right, title and interest of the Defendant who were Kasinath Panda (deceased Defendant No. 1) and his family members (Defendaints 2 to 5) in respect of the suit property had extinguished in his (Plaintiff) favour as also for eviction of the Defendants from the said property.

3. It was averred by the Plaintiff that the suit property consists of an area measuring 100' x 32' appertaining to SCR Plot Nos.30 and 30A of Bapuji Nagar, P.S. Capital, Bhubaneswar with an asbestos room standing on plot No. 30A more fully described in the schedule to the plaint. According to the Plaintiff, suit