JUDGMENT :

Narasimham, C.J. - This is an appeal by Defendants 1 & 2 against the appellate judgment of the First Additional Subordinate Judge of Cuttack, decreeing the Plaintiff's suit for recovery of possession of the suit properties after adjustment of equities between the parties.

2. The parties have been litigating for clearly twenty years and even at interlocutory stages the litigation had been fought up to the High Court on innumerable occasions. For the decision of the present dispute however, It is unnecessary to narrate the full history of the litigation between the parties and I shall therefore content myself with referring only to the salient features.

3. The disputed properties amounting to 5.04 acres of land, consist of two Schedules, namely Schedule Ka having an area of 3.27 acres and Schedule Kha having an area of 177 acres. Both the schedules appertain to Khata No. 634 of Village Odd, covering a total area of 6.83 acres. The remaining portion of the Khata appears to have come into the possession of the Plaintiff (See Ext. 2) and is not the subject-matter of the present litigation. The Khata was recorded in the last Settlement in the names of the Plaintiff Krushna Sahu,