JUDGMENT :

D.P. Mohapatra, J. - Defendants 1 to 4 have filed this second appeal against the concurrent decisions of the Courts below decreeing the Plaintiff's suit in part.

2. Respondents 1 to 8 filed the suit, O. S. No. 210 of 1974-1 in the Court of the Munsif, Puri against the Appellants and the Respondent No. 9 for declaration of their title over plot No. 1062 under Khata No. 181 with an area of A0.34 decimals in village Birabalabhadrapur, for recovery of possession of the same from the Defendants and also for declaration of their right of way over plot Nos. 1061 and 1063 belonging to the Defendants. The suit was filed by them in their representative capacity on behalf of the Brahman Mahajana of village Birabalabhadrapur under Order I, Rule 8. Civil Procedure Code. The lower appellate Court dismissed the suit relating to Plaintiffs' claim of right of way.

No appeal or cross-objection has been filed by the Plaintiffs against that part of the decree. As such the Plaintiffs' claim of right of way over the aforementioned two plots does not arise for consideration in this appeal. Relating to the relief or declaration of title and recovery of possession of plot No. 1062 both the Courts b