JUDGMENT :

P.K. Misra, J. - Plaintiff is the Appellant against a reversing decision. Suit was filed for declaration of right, title' interest and possession over the disputed land. The trial court found that the Plaintiff was in possession since 1968. The trial court also found that though the property belonged to the State since the Defendants did not have any right there was no bar in declaring the right, title and in terest of the Plaintiff over the disputed land.

2. In the appeal filed by the Defendants, the appellate courheld that since the property belonged to the State Government the suit was not maintainable. The appellate court also held that the case of the Plaintiff that he was in possession since 1968 was not believable but the Plaintiff came into possession only since 1979.

3. At the time of entertaining the appeal the following substantial question of law was indicated

...The substantial question of law involved in the appeal which requires decision is whether the suit is bad for non-joinder of State of Orjssa as a party...

4. The Plaintiff has not claimed any relief against the State In the plaint there was no allegation that the possession of the Plaintiff was being inte