JUDGMENT :

A.K. Rath, J.

This appeal by the plaintiff assails the affirming judgment passed by learned Additional District Judge, Rairangpur, Mayurbhanj in Money Appeal No.2 of 2000.

2. The case of the plaintiff is that the State Government initiated MCC Nos.4 of 1993 and 9 of 1993 against one Ashok Kumar Agarwalla before the Sub-Collector-cum-Certificate Officer, Bamanghaty, for realization of unpaid motor vehicles tax. The property was sold in public auction on 23.5.1990 under the supervision of the Tahasildar, Rairangpur. He was the successful bidder. Certificate Officer issued the sale certificate on 24.10.1990 in Form No.15 as prescribed in the Orissa Public Demands Recovery Act, 1962. He deposited a sum of Rs.22,101/- on 23.05.1990. He had also paid an amount of Rs.700/- towards poundage fee and Rs.684/- for purchase of non-judicial stamp papers for preparation of the sale certificate. After obtaining sale certificate, he repeatedly requested the Certificate Officer to deliver vacant possession of the suit land. It was found that a portion of the said land had been illegally encroached upon by the strangers. On 17.6.1994 orders were passed for delivery of possession through Taha