JUDGMENT :

A.K. Rath, J - Defendants are the appellants against a reversing judgment.

2. Budi Raghunath Patro, predecessor-in-interest of respondent nos.1(a) to 1(d) and respondent nos.2 to 4 as plaintiffs, instituted the suit for declaration of title and permanent injunction.

The case of the plaintiffs was that late Raju Patra was the father of plaintiff no.1 and grandfather of the other plaintiffs. Raju had purchased the suit land by means of an unregistered sale deed on 16.05.1936 from one Bimuli Beherani. He was in possession of the same. After his death, the suit land fell to the share of the plaintiffs in the partition. They were in possession of the same. The defendants obstructed the plaintiffs to construct a house over the suit schedule land. With this factual scenario, they instituted the suit seeking the reliefs mentioned supra.

3. The defendants entered contest and filed a written statement denying the assertions made in the plaint. The case of the defendants was that defendant no.1 is a public library. Bimuli Beherani had not alienated the suit land to Raju Patra. No consideration was paid. On 17.08.1937, Bimuli had executed a will and bequeathed her properties in favour