JUDGMENT :

L. Mohapatra, J. - Plaintiff No. 1 is the appellant before this Court against a reversing judgment. The Suit was filed for declaration of plaintiffs title and possession over the suit schedule property and for declaration that the plaintiffs are entitled to take possession of the suit schedule lands from the receiver appointed by the Executive Magistrate. Originally the present appellant had filed this suit and later on by order dated 8.4.1980 the mother of the appellant was added as plaintiff No. 2.

2. Case of the plaintiff is that the plaintiff No. 1 is the owner in possession of the suit schedule property and the plaintiff No. 2 as the mother of plaintiff No. 1 had gifted the suit schedule property to her in the year 1975. After execution of the gift deed the plaintiff No. 1 raised crops over the suit lands but the defendants threatened to remove paddy crops for which the plaintiff No. 1 initiated a proceeding u/s 144, Cr.P.C. in the Court of the Executive Magistrate which was subsequently converted to a proceeding u/s 146, Cr.P.C. and the land was attached. After attachment of the land the Executive Magistrate directed the parties to establish their rights over the sui