JUDGMENT :

Aruna Suresh, J. - Impugned in this appeal is the judgment and decree dated 28.4.1990 and 7.5.1990 of the First Appellate Court dismissing T.A. No. 1 of 87 and confirming the judgment and decree dated 24.11.1996 passed by the learned Subordinate Judge, Sambalpur in T.S. No. 53 of 1981, dismissing the suit of the Appellant.

2. In brief, case of the Appellant is that in the year 1933, his father Madhusudan purchased the property measuring 0.075 acre of land with house constructed thereon appertaining to Major Settlement Plot No. 830, area of 0.050 acre and 830/1358, area of 0.025 acre, in total 0.075 acre of Khata No. 492 and 497 of Modipara of Sambalpur Town, Unit No. 7, P.S. No. 18, Tahasil No. 226, Sambalpur District, Sambalpur from Samsundar Mishra and Gopinath Gadtia for a consideration of Rs. 140/-(A Schedule). Madhusudan paid this money to his brother Raghunath Nanda (predecessor of Respondent No. 2, 2(a) to 2(d)) for getting the sale deed executed and registered. A house was constructed on the said land by Madhusudan under the supervision of Raghunath Nanda. Raghunath and his family was permitted by Madhusudan to live in a part of the house("B schedule") as he had no