JUDGMENT :

A.K. Rath, J.

Plaintiffs are the appellants against a confirming judgment in a suit for declaration of occupancy right over the suit land.

2. Case of the plaintiffs was that Dinabandhu Sahu, original plaintiff no.1, and Gouri Behera were the joint occupancy raiyats in respect of the suit schedule property. Gouri met civil death. Thereafter, Dinabandhu became the exclusive owner in possession of the suit property. In the year 1925, the suit property was wrongly recorded in the name of the Forest Department. The same was cancelled subsequently. Dinabandhu remained in possession of the suit property till death; whereafter his sons are in possession of the same. In 1962 settlement, the suit land was recorded in the name of the State Government-defendant no.1. With this factual scenario, they instituted the suit seeking the reliefs mentioned supra.

3. Defendant no.1 filed a written statement denying the assertions made in the plaint. Case of the defendant no.1 was that neither the plaintiffs nor their predecessor-in-interest were in possession of the suit land. In the year 1916, the entire suit land was transferred to Mutation Khata No.1 (Government) in Block No.36. But inadverte