JUDGMENT :

Mohapatra, J. - This second appeal is against the judgment and decree dated 28th October 1957 of Sri K.K. Bose, Subordinate Judge of Puri, reversing the judgment and decree of the trial Court arising out of a suit brought by the Plaintiff for declaration of title and for confirmation of possession in respect of the disputed land with, an area of 1.85 acres. The Plaintiff also prayed for damages. The suit property originally belonged to Madhab Rath and Binayak Rath. The present Plaintiff having obtained a money decree against Madhab and Binayak purchased the disputed property in execution sale held on 15th March 1943. Eventually the Plaintiff took delivery of possession on 26th May 1943. Again the Plaintiff had to file another Title Suit No. 64 of 1945 against the original owners, that is, Madhab and Binayak, and the present Defendants 1 and 2 for declaration of title and for possession. It is to he noted here, the other Defendants, that if Defendants 3 to 5 in the present suit, are the sons of Defendant No. 2. In the previous suit, the Plaintiff's title was declared and the suit was decreed. The Defendants went up in appeal: but the judgment and decree passed by the trial