JUDGMENT :

A.K. Rath, J.

Plaintiff is the appellant against a confirming judgment in the suit for declaration of title, confirmation of possession and in the alternative for recovery of possession and permanent injunction.

2. The case of the plaintiff was that the suit land was recorded in the name of Lord Balunkeswar Mahesh Bije Badasasan, Keonjhar. After abolition of estate, it was wrongly recorded in the name of the Government as Anabadi. The Executive Officer of the deity filed O.E.A. Case No. 40 of 1986 before the O.E.A. Collector, Keonjhar to record the suit land in favour of deity. By order dated 10.07.87, the O.E.A. Collector settled Ac.18.07 dec. in favour of deity on rayati status subject to payment of back rent and salami from 1970-71 to 1986-87. On 17.09.91, the O.E.A. Collector directed the Executive Officer of deity to deposit back rent. The Executive Officer deposited Rs. 17,631.70 paisa on 21.04.1994 towards back rent and salami. By order dated 12.04.94, the O.E.A. Collector directed correction of R.O.R. and issuance of patta in favour of deity. The R.O.R. was issued and land was recorded in favour of deity. While matter stood thus, the Executive Officer of deity execu