JUDGMENT :

L. Rath, J. - The appellants who were respectively defendants 1 and 2 in the suit have preferred this appeal against the confirming judgment of the Additional District Judge, Canjam-Boudh decreeing the plaintiff's suit so far as item No. 2 of the suit scheduled properties are concerned. The suit was instituted by Iswar Adhikari who having died has been substituted by respondent Nos. 1/a to 1/i. Appellant No. 2 has been deleted from being a party by order No. 16 dated 17-4-1985 passed in Misc. Case No. 44/85. The respondent No. 1 who was the plaintiff in the trial Court instituted the suit for two Items of properties for relief that the judgment of the Executive Magistrate, Chatrapur, u/s 145, Cr. P. C. in M C No. 65/78 in respect of item No. 1 of the suit property is not binding upon him and for recovery of possession so far as both item Nos. 1 & 2 of the suit properties are concerned. The suit was dismissed with regard to item No. 1 of the suit property. So far as item No. 2 of the suit property is concerned, the plaintiff's case is that S. No. 47/3 was Banjar land in the ex Estate of Khalikote and that on 3-7-1950 he got a Banjar Patta in respect of that property. i.e..