JUDGMENT :

R.N. Misra, C.J. - This appeal u/s 100 of the CPC is directed against the affirming judgment and decree of the learned District Judge of Sambalpur by the Defendants in a suit for declaration of title and eviction of the Defendants from a plot of land with a house standing thereon as described in Schedule B of the plaint and for a mandatory injunction against the Defendants 1 to 3 for removing the encroachment. Plaintiff had also sued for damages.

2. Plaintiff alleged that the land on which the suit house stands was allotted to him in a family partition. One Ratan Luhura, father of original Defendant No. 1, was in forcible occupation of the land appertaining to Bunglow Site Plot No. 71 described in Schedule-A. Plaintiffs father brought Title Suit No. 45 of 1933 in the Court of the Munsif, Sambalpur, for declaration of title and eviction of Ratan and the suit was compromised on 15-3-1944 according to the terms whereof Ratan gave up possession of the site and rooms but was allowed to continue in occupation of rooms described in Schedule-B of the plaint on condition of payment of annual rent of Rs. 250/-. It was a further term of the compromise that on failure to pay the rent,